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Home My WebLink AboutYMCA OF ORANGE COUNTY - 1982-02-01lot d REQUEA` FOR CITY COUNCIOACTION WaTa- Date Mldrch 7, 1986 Submitted to: Tice H�,noral?le Ma -,or a-d Ile Submitted by. 1-7i-ir-e!, 1-;. Prepared by: M'. P�OwTndr" 'D'i-ector, v Subject: YMCA REQUEST FOR AGREEMENT EXTENSION Co,isistent with Council Policy? /Yes New Policy or Exception Statement of Issue, 9ecommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE 'There a r !o ex*entale -A r 7: 11 C 1 a PECOMMENDATION A;,, rn- t, -,. e VV, e; 0 d- k111 Ind* at tilt? ?n," 1-1 d ANALYSIS !ho Y%';,-A t :!"J ex+el r, i zC� e\ler-, on 10 ex ,a Oy FUNDING SOURCE ALTERNATIVE ACTIONS S d 2. 1,;rdr11 the Y'-:,'A's 'e-,iies! 'i rwL",—;are a new g -und leal 't., d%'ret,,,!;ez1t ,1TTACHMENTs I fl'�, N . fB:C!S p.3 P10 4.184 s VATEST COUNTY FAlVffiU"' YMCA Serving Fountain VaULy, Garden Grove.: Huntington Beach, Seal Beach and Westminster Huntington Beach City Council 2000 Main Street Huntington Beach, 92648 3 February 1986 D E C E 9 V E 0 FEB 6 1985 CITY OF HUNTINGTC'I BEACH Dear Council: ADM'NISWTIVE OFFICE On February 10, 1986, the Ground Lease kgreement extended to the YMCA by the City of Huntington Beach, expires. We have made a barge donation request of a large company, that could result in a seven figure donation which would allow us to begin our project. We have been expecting word from our prospective donar, and shoula hear within the next 90 days. We nad expected to hear from, the donar prior to the end of 3anuary, however, several unforseen circumstances delayed this. It would be a shame for us to receive word on a major gift just after the February 10th deadline. Our Board of Management would like to request an extension of 90 days beyond the February 10 deadline. We feel this would allow us adequate time to have received word from the prospective donar, and proceed with our project. Sincerely, r-~ _e Boss Terry Chairman 8°?ard of Management BT/kb 726? Garfic:d Avenue, Hunt ngton Beach, e''_ 92648 9 (714) 847-9622 REQUES'� FOR CITY COUNCIPAC ON Date Dee.eanoer 27, 1984 Submitted to: llonoraole �iayor and City Cuunoil Submitted by: Charles W. Thompson, City Administratori✓U' Prepared by: 'Melvin �l. E3c,vni,in, Director, Community Service� Subject: YMCA REQUEST FOR _AGREEMENT EXTENSIO Sea*ernent of Issue, Recommeiidation, Analy,;is, Funding Source, Alternative Actions, Attachments: h, S1'ATEbIHN r i3l° ISSUH v There is a neeii to evaluate 4nd'resp)n:l to tie Y .1(' Vs request for a uric year extension of the agreement for use of 1,;m'tington Centr,il Parr, for a facility. .'TION STIFF RECO'�!AHNDAI'It1N: % one ti ue •ialy extension for a period of une veer, provided that at the end of the near the Y �lt':� ,?;vets all City requwce nents mold has the ne�ae&sary flnanea:iLt to twild Phase I. Phase I m ludes a oo)1. ¢ L', i:l:i+i.at'i cia; tlLness Center. ,'OAI *OA. ILND X fI0 ' t'ht� �'u aun►t, St�rQL-'� ': , lsisslun �llienda that a six month exter,,i��ii --rotted ,and t� [1 VIC% i!)&'t saavC-T;Mtea. ast Least $27 'rrlifion. AN'A1.YSIS :larch 1980 - 'ity t'uuneil author eed negoty inris .vitn Uie Y for it long,-ter.n lease of property in Huntington Central Park fur a '4 tii'A facility. August 1981 t'itG "oun,:"il reaffiram-zi its .;jpp ort ut i y facility in Huntington Ventral Pat, k. Fet�riiary 198 • +'ity e'ourw l :tpproveii tine iv�i�o zl;roe:lent fvitti the 'i NIC 1 for the location of a facility cn four ic_res iii liuntini;to i Cent:ail ParK fur $1ji lc p;er month with the intent that U;e YN1('A could negotiate it new wa..k extension in filt,. `,Fars. lilt' :nontlity payments are to begin upon issuance of the :!ertifivwty of occapalaey. The agreement ,arts signed on February lip, I:I82. It ivo ides for a three ,year term for the YNIC'A to raise the necessary ftinds. T3ic asgrecanent expires on Feoruiiry 10, 198Zi. In a lt�tier dated SEpteni:)vr .M, 1964, ,Terry N sh, z 'tilt':S Building Committee ti"hairinaln, ree-tested a one year extension. 0-nni x'raxcn, Lxecutive Director of the West Orange C iy ' NICA, reports that donatiun-, e;irrently total $1.2 million and that Phase I will' cost ' .. million. lie f€leis that, if the l'NK'!% caa ,each $21 million in donations, they will be a0le 0 iirrange dent financing for the remainder. While staff and the Community Services Commission are, reconintL'iding an extension, they believe it should be a one tiiaie rnly extension. In this way, tho actual building of the facility will not be postponed indefinitely, thereov delaying the deve.lopinent of Huntington Ccentral Park. NO ara-i REQUEST FOR C11Y C'(;71 C,1L At'IIC)N 10 YMCA REQUEST FOR AGREEMENT EXTENSION Page Two There are two reasons why staff is proposing a different recommen lation from the one .nade by the Community Services Commission. Staff considers the amount of money to be irrelevant. G1hat is i-,riportant is tLat the YNICA must meet the necessary requirements, including financing, to break ;round. Staff also feels that if an extension is given, it should be for the period requested (one year) to show flood faith on the part of the City. Fi)i`iIANG SOUR('E ;lone. ALTER14A i'iVE At''i ONS 1. Require the X'+lc_'•' to meet Wei, a7ree nent a-4iJation to are;gin ground February 10, 1985 or terminate agreement. 2. One year extension w.'U optional gears -it discretion of t_'ouncil. 3. Unlimited extension. ATTAC'HMENUS 1. Y CA Request for ::'.tension it Lease. 2. Letter of Response to Y"wlC %. 3. Director's %lemo t.. J.IC'P Cum ,Atee. 4. Community Services missior) .Amion, 12, It( ;C }. 5. iWatington C'entrai ParK Co .,:mttre ' Imates, ill 11 84. 6. Huntington Central Park Committee Minute:,, l I ),,1; 81. i:. Responses to "onimittee inquiries, 12: , 84. 8. Location Map. MMB:1b 0106E,a'17-18 FIRST AMENDMENT TO GROLTIND LEASE AGREEMENT This First Amendment is made to that certain Ground Lease Agreement dzted February 10, 1982, by and between the City of Hunt - rgton Beach, a municipal corporation of the State of California, "`Lessor" and the YMCA of Oranqe County --West Orange County Branch, a California nonprofit benefit corporation, "Lessee". The Ground Lease Agreement is hereby amended by revising section 2(bj of Appendix A to extend the time to begin construction for one additional year, to read as follcws- 2. CONSTRUCTION: (b) LESSEE shall be uiven four (4) years to begin construction of the Facility. Should construction and occupancy be completed before this four (t) year time period expires, rental payments on the property shall become immediately due and payable, but only after issuance of the certificate of occupancy. Y,MCA OF 0.1U,_N,3Z COUNTY WEST ORA`ZGE COUNTY BFLkNCH y� Chairman of the Board President cr:,1, or 11TNTT"1GTO'Z BLACK a mun.L(,,_ al corporation t;rt_yXdnd nfslf_ rat or APPROVED AS TO FORM,. By: ' zty At net INITIATED AND APPROVED: Director of Community Services 0 0 ImmSeptember 28, 11984 I&W Mr- Melvin ,i.:r,':wznan, Corninunity � vic-es Depart,-nunt City of Hun zniton Bcacl� 200J Mair-i Street. JIu,itiri-IIto-. Beaci,, 4:A j-;"648 Upitsil ("'ampaIgn Dear Max, —aAJ Abbott, Ed U. Usntmpin Dcna.:h t'wen Per our week, 1 r-, -rrzl-(-�,t.n7 I 2gh S'Jwol - - -;In (lapilLin one year -'I-Ite �;f Ili-.e Y."'7!� I53:Cljlta Orchard 4L,) lease -lii centra- Ott I tiling nanod, In, r C J r ic;ri,r Had writ Nkiwn kti>ds rais-,nq NI D tiai contrib:itc.s add;. -,;.---;,A.' tin'.Lt t:L-1 rec- c.ve J. ,dca Ohose, L'A n %I&ANs%r as tit I I uwAvgwn Bm:h t is z o.ri u i. va t: 1 it wt-, w sIill a ve r n b r e a k i.-, --y prior Fe b r .:i it 5, !,'-i t to ie s a e W h av e t: i o in -v; for NAbta delays, "'!a tksclopnlcrla 'hank y'i,; lf'�aso It- wiiat ac tit Fliumain kattey of our req;.zess+. kloo 1) "Cirikim 1) t ,.,main lade). (A -*if? Tcrr� `') RuKk At lobin onn friNcitinrai ( Mr hard %Nfltur. ('P A Abur and WwAn :IUMUWY i n znr, At t, 'Str Aolk ntie s t --' C' U:'. t in,vigr,in fkcact' ("A 'b /Irmplabc ,�'ma Cart k mm JLI;/kma tint,% Omwi `-s ( Ounly I amilv it 4 ron! jonel tr West County Pamily YINICA * 7262 Carrield Ave. 0 Hunting(on Beach, CA 9Z 4F * (714) 847-%22 Serving Fountain Valley, Oarden 6r(14c. Huntington Beach, Sca] Beach and %kestminster ■ C F-1H A + CITY OF- HUFMTif\MGTOF\l BEACH 2000'i'vIAIN STREET COMMUNITY SERVICES DEPARTMENT Melvin N1, Bowman. Director (714) 536 5486 CALlFCkr4ziA s COMMUNITY SERVICES Departmental Memorandum 7C IICP Committee, (;<>ininunity Services Cur➢tnission FROM Melvin M. Bowman, SE sf Director nA SUSJECT . YMCA FACILITY IN HUNIINCTON cEsTRAL PARK (HG?) As you repesten, we reviewed the Y � CI , i.e4ise r't;;rceint rt Tina outer rol%tek' rl Ur; it10il. Tome are several Key issues ,n taww of anti alu"t smo aR rlrt a'i aP.tm it Qt!:vSl Kv At s a private organization. file folluwiii; information is a capsulizution of these pwnt , 00vi02➢l €i..Sai"it,i;;23 are W $1,<Itil} pe7 Kitrtati 1510 ryi,'a>..' al.ft' t t' :1ii "�_.. r fact that We YNAM w111 pay tar tnv comtrwt1Un ami ..dul'itt'i,neu of Gl.,„ ;4010�. a;t; they ,tiill provide reervation �)%'Irma in: 11:; Ile incP'", rt?ve lm, + aen .ilU4➢ti4 "gym tile^ city not 11va Or 0" in o"f.rr;05 w x". later, aliiiintenance of the facility atrt t°trtmilly atttowtive. ➢*s li;tt't to weighed b gamst the ovmali i;np ict ,➢pm ALL of Eno kI.I➢€' it Iplo, 0 _i :i , ►tiF um. Tale facany will be use-i t)4 a large nwnaer of })('tple, nit on:; :a t"-SC' hni if my .. . .� , Huntington Beach resioerit`i. Denno t1~l, Uet"tmv .)rrt q > 4 in Am "=z'=.. County YMCA, has Pnt_1➢cated the fi vihty . til also vry Wmen ;.rope, 51M i i inter, fount ain Valley, Newoo t iiea n' 5edt Boa''11. .ni '7 t . ' a!' ,:i. I Nii ➢" .i'. ➢."., .. 1,*rlUxi for 3 "regional" or county ,rich, but IS it rl'tlllN t).ir toil ;)rovi,,e .i ;�,ii'lli.`d surrounibng otirK for all 4f aust Onmg*,e t4tnit� ? "N ;'Itle l;r>➢ta' �,' 'at �➢�':-.',o° 1?i lla: tt ;c�t:a Ventral Par„ CHOP) vy :)eople fro➢n outlttitr of the elt�, :)tit U,d v:e' tvxtt to prt3'IAo to - increased ti igo a h iving, ''i st.'rvwe prov➢�;er ii::) e,tto -, t.Y -.ia: t vi"t? ,i,'t ➢: l let' South Gate has a similar WHEY, °aut aillr,.vs i,niF l,3OW res➢z-ats tO Wire it. With an ➢nflox of :nore'Mopin to the xor )0"e'; iFCt''elif" , t;lory '.ai Iki i 1 .lt•i ;`+i:;c' ,e' Vv: reinainder of tits,' par., inat is fatitastio" t)W. a" irl, A) :'.e ,;i'It t.les 1 .'.^s ". 'W Huntington Reach residents or E)00p1V frU i 'jt'ilt . 0,14 ;Or A0 h'talt in MY W% ,1 U 1"^ t;o inairitain the park for residents or uWer:,: Siio.il'i tilt ,)ri;iiary ➢ s :s Ov Our 0'.%n eitizonrv? .knottier inipurtan-t eonsi le"alixi is Me east to tilt' t)ON,— .tiit:a Ia :y:.y.1 :t-iti➢:'i;" t':s? I a 1tti. Milt'. YNKTA will ch"irge lee6 r;plus annual i,ii'iauer+mp fee) to eovvr �t)t w•,trc' L r,`;r.➢:+: iexa➢ilple: a se~)"-ato ct'ln'r:e to h:tvc a end i toWUH01 lit a 4W .n ow" or ;raillt't a➢.i^ +}. ~ i d➢i- ? itinits who s'in participute. 'roday, the average j)erS011 This .a gre; t „iiany tft^',liiiiu "Al nisiher recreation: leisure tlrlie .Ioliar. Should ne,'no 1➢::ikt' to ,iay an it ltli' i:a>i ii foo t..t :)- a meta ber of an organi'LEltiuC; Uefore heisDO Carl CWTIe to a f:icllltY in a ltinYi➢l�ti)11 ii+?iia`i➢ parK? ^ The priniary oo.;ec'tive to city-k vawr •tIl►J of suai a faviitt; a tit;' fact that tilt' e,t 1 have to 'pay inainten lnce eto>ts. out this is not necassar➢ly trut.. More has neon miiq n diso-,s.,!on a,)out the posma ity of cl,o`iin"', tail' 11nutltr;W11 11t':S `i➢ *'itt ➢'v" xlt Pool if '.Jae <' t: ' 1 l:°A:._'ILII'Y it.` Njvei ,')vr ,?,. ,' .. i cannot come to terms wAn the lltintini;to'n Men Oity School 10triett qnd if funos to r U iwmc the Center are not available. If the facility in IICP were eity-uwned, we could Mmsfer tce personnel and budget from the Oity Gyre to the new center. The City would save the rehabilitation costs for the (W) t iy m lima have a larger, ore functional center in a park. the i lty 'IM is not Wawa a, a "--K. l'ne.' n i.`liic have to pay a membership fee to use d city -owned facility in ilt'P. -� The Nity o6tnally :p)ra7vet! tnev cono(yit if ane)Uwr mg;ouzatton ,i.)iil n4 . psat , :n V `P because of the blea-; )ro-pects that faced the Qty Aath rezartas Vi Miving t, t agn ;none-,; to to build its own :aoilit_t. What was arl'unged 4Cti'a a c,l:ntiro;"H ,e st')ieiti'-)n. The financial pict„ire for the City has :.`tii.qlvul ilrri:ilatwaii''. :11 five inn l'.x -' Acquisition anti t)evelopa m;it fund is jrU"w4 wa" i:it: Wormaw at i.) ai construction. Developmenn Servievs t::;; nw wul 'rail a ;tilitltfur `ie'Jer, tiara. There have alSV ileen severtii p%r-, that :18vt, )ee , 007, this, property will be returnee to tilt', Par-, Acquisition aa,; v.,ith the approval. of Propositiun 18 Pam Nao lemetawn , xr vA P +,post on Mu 6, M. a new Source of funding Oecame avallvAe to tilt' City for tilt' s'it'Xt t.ire e ye irs. A. lame facility in a :300 acre regwnabtype i)ttrn xu lj no vary %ttrwawe to felt' wxitt. It would also be a unique requeW because there are very fc tt oitie.s ii any) vNith sie!', Lirtk parka that coule survlce so onny people. (. ity and -t-itc e)ajtr.`'' 1'0 .ie t,♦ t for review an6 dispersal of grant funds, thereby` edminating ttac mimay Q�).i,i)ettAwgi full such a project. In s,n-nrnation, we feet that w:io n, the' orit;inN' - W % ;)r+),wiS l ati pA to ` -Wr iii &K a ,a? :x Viable coinprornwe solut on, tt3.a wood Q A a venter to her Da3iit. itshy Inn tr"^`.a t"! Y• • nni for city -funding for :=id`ti a i.icility have awro.i-wu 'ity 2V':1 Pool lends itself to relieving, a major concern snoU,jlel the fa dilly at lit tt tiff e'ily-oacrate running the facility" uurSelvem we cull serve a mutQi laq;e'r m 4) of it stiSi, too t e imV rest ;t" w, than would the Y with its i.lemberss y fec. The Y has ii:nKed. for an exteris P n on M threv-we,r f l.i.i:'ii:>i'a , type •.en: wea im' Vat' .,tt not received sufficient donations Dxkioi,; tali of t:`ie" %, v itrvcsio.: r'itaa ,it t't)a.I:it, t`at . t .., i.4nit:,' Services Cfiiitltnission and =.pity" have," an opport6.itiltii t4S, rt-eo€isidct, I A it ..tuition ;-n life+ ,71,t'tu?. JBIlol;s 050511120 [7 E Attachment 4 COMMUNITY SERVICES COMMISSION ACTION DECE14BER 18, 1984 RE: YMCA REQUEST FOR EXTENSION - GROUND LEASE AGREE14ENT At its December 18, 1984 meeting, the Community Services Commission took the following action in response to the request from the YMCA for a one year extension of the GROUND LEASE AGREEMENT: MOTION: MOVED BY VANDER MOLEN, SECONDED BY KENNEjY, THE COMMUNITY DICES COWISSION RECOW,1END TO THE CITY COUNCIL THAT A SIX-HONTH EXTENSIONI FROM FEBRUARY l-, 1985 BE SUPPORTE" AND THAT THE YMCA MUST HAVE RAISED A TOTAL OF $2,000,JOU. MOTION CARRIED BY THE FOLLC,'ING VOTE: AYES: DYSINGER; FROST; KENNEDY; RIVERA; VANDER MOLEN NOES: GIESE: OSdESS AB SENT: BLANKINSHIP; JENSEN; MOLL; O`BRIC ABSTENTION: NONE 0505EJ21 ® Attaciunent 5 CITY OF HUNTINGTON BEACH COMMUNITY SERVICES COMMISSION qUNTINGTON CENTRAL PARK COMMITTEE 6: -) a.nl., Tuesday, Dece,nber 11, 19e4 ,largie's Country Kitchen, Garfield and Magnolia Huntington Beach, CA MEMBERS PRESENT: Betty Kennedy; Bill Osness, Norma Vun.ier 1lolen; Jeff Frost, Ex-Officio. MEMBERS ABSENT: Juy, Rivera (excused). STAFF PRESENT: Jim 13. Engle. Meeting called to order at 6:30 a.m. YMCA AGREEMENT EXTENSION The Committec members reviewed the staff res')onse Lo their questions regarding; the YMCA collection of funds for the facility at Huntin toil Central Park and the amount of Park Acquisition and Development monies to be used to purchase the Ias"room Farrm Property. Discussion ensued. Items discussed included: 1) the Colmnittee's desire for a specific financial package of how the City cough ouiid a faVillty in Huntington Central Park There was concern expressed because of the large number of pare orojects still to be developed and land still to acquired; 2) the "Y" will tyke as :llueh ti::ic as the City atlows them and still might be able to finance the construction. The National Y Organization might be >zble to give the local "Y" the necessary fun#.i1: 3) (Vine!l int"-ilt be put ill a difficult position f the Commission were to recommend that z:n ext.-nsion not be approved. MOTION— THE HUNTINGTON CENTRAL PARK CO3N511"I"rEE KECO:NIIIENDED THAT A SIX MONTH EXTENSION FROM FEBRUARY 10, 1985 BE SUPPORTED AQD THAT THE "Y" MUST RAISE AT LEAST $2,000,001 WITHIN T'HAI' TIME PERIOD. ALSC1, THE COMMITT sE REQUESTED THA`r STAFF PREPARE A VIABLE PACKAGE OF FUNDING 3OUR.CES FOR A CITY -BUILT FACILITY. .MOTION CARRIED UNANIMOUSLY. meeting was adjourned at 7:50 a.m. Respectfully submitted, im B. ,Engle Senior Supervisor Recreation., liuma-, Services onu Park Deveiopsnent JBE:dp 1025e/2 ®CITY OF HUNTINGTON BEACH Attachment 6 1lMUNITY SERVICES COMMISSION HUNTINGTON CENTRAL PARK COM`slirTEL 6:30 ,,.nl., Wednesday, Novenmer 28, 1984 Margie's t . antry Kitchen, Garfield and .`.lagnolia Huntington Bcacn, CA MEABERS PRESENT: Betty Kennedy; r.�11 0sness; Jay Rivera; Norma Vander ::lolen; Jeff Frost, Ex-Off.icio. MEMBERS ABSENT: None, STAFF PRESENT: Jinl 11. Emile. Meeting called in order at 6:35 a.m. Election of Chairman Bill Osness nominated Norin:i Vander %lolen for eoviinit,,�e chairperson. Jeff Frost seconded the inotid'i. MOTION CARRIED UNANIMOUSLY. YMCA Agreement Extension I'he YMCA has asked for an extension on tn,=ir ageemeit due to insutficient fund,, to of,iiid the "Y" facili-tv at Huntin;;torh Central Park. Fne a reel ent ex,)ires FeDruarc, i9si. The Committee di,- .-sed tile ;*o»iaje exten ion -olo oincern if the �roxld nreakin:; uNte i extended. construction :will be extended :;'its n;; tlef,inte completion date. t'oncern was cxpres`>ed tnat if till' Co.ht;`.'tssion tides not rt't'kl:t+;;it,'nd Uic eaten -lion, 1 *ity t'o.me.i mi,nit ne put in a difficult position. ensued regdrdin4r the possioility of the City -•.ldln- tale faeffity. Iihls '.way the `7o,} mil ioa's ir;;t ')sit Park Development money forced uz to look at different alternat;ves sue i as the constructing their facility on City property. Tne financial PictJ"i, for Par,' Developi:i"'tt il,iti (minje,41 `+int'e 11+7:1 '.4'iit'ii the Cu:iCVpL .it tiie "Y" huildin±; 1n Ili.'1' ;.as introduced. 1.),.- bops;rent Servtee; prolorts ,:iorc , anstruetholi in the ('lty; tnerelore, ;Wort: money in the Piirn Ae,iaisitiun ,tm' 'Vt.'is)tMletat Pt11112. Bert.' iilonev will be lncoinin;; :hitt' the Side of surolus arm larl,is (i.e., .i..iJ 1L.o 1 ferry ParK) ano Vie possioil6ty of Proposition I . gnnt umiics. The Comn.ittee felt tnat more mfot-matlun wa needed ov'urt a recvu ntmmuatiun eJUld t)e made. The k oinmittee repuesteo the following: (1) flow much none w has the "Y" colicete:i to date"' (2) Were the primary donor.; within Huntington licae ? (3) blow much of the Park Ar'tluisition anti Develo.=.it�nt fund would oe used for the purchase of the Austiroom Farm? Meeting wos adjourned at 9:00 a.m. RespectfuUy z.-n fitted, Jim B. Ixgle Senior :supervisor Recreation, Heiman Services and Park Develop tient JBE:sh 1025e F= Attachment 7 s � 1 COMMUNITY SERVICES TN•<TI%GTO%. BEACH Departmental Memorandum TO Hd1fl'IAGYON CENTRAL PARK COM14iTl'EE, COMMUNITY SERVICES COM!MISSIGN JIM B. ENGLE, SENIOR SUPERVISOR, R-CREATION, HU'"MN SERVICES AND PARK DEVELOPMENT mATB DECEMBER 7, 1984 SUBJECT RESPONSES TO COMMITTEE INQUIRIES `rMCA UPDATE The information listed below is per Dennis Croxen, Executive Director of the West Orange County YMCA. 1. YMCA 3uilding Fund - Primary Donors Irvine Foundation Aminoi1 Signal Oil Security Bank (Los Angeles) McDonnell Douglas Arco Block Meat Products (Garden Grove) PC Borer Foundation (Orange) Dealma Corporation YMCA Boa"d YMCA Staff Keck Foundation So Cal Building Fund $260,000 230,JO0 75,OOJ 20,006 20,000 25,030 25,000 1JO,OOJ 15,OOJ 130,750 11,000 250,OUO (potential donation) 100,000 (potential donation) 2. Total Dorations:$1 ,,200,,000. 3. Phase I Cost: $2,800,000. 'his phase will include a pool, gynnasiura and fitness center. Tnere will be no day care or meeting rooms as originally planned for this phase.. 4. The Y plans to begin ground breaking ,Then they nave $2,30J,000 by utilizing debt financing. 5. Working drawings and specifications should i:e completed in four months. Ground breaking is projected t-- be within a year (end of 1985). RESPONSES TO COMMITTEE 10IRIES 0 Deeember 7, 1984 ?age Two MUSHROOM FARM PURCHASE UPDATE The information listed below is per Robert Franz, Chief of Administrative Services. Negotiations are ongoing between the City and SBE (the company who has the property in escrow). At this point in time, there are too many variables, including the purchase price, still undecided and, therefore, the specifics of the deal cannot be defined. A potential package would include a two phase purchase. Phase I would include the $�010,000 Park Acquisition and Development money budgeted for FY 84/85 with $300,000 matching state grant funds. there is also the potential of a land trade as part of Phase I. Phase II could include another land swap and/or monies from the general fund, revenue sharing and the Park Acquisition and Development Fund ($500,006 is projected in the FY 85/85 budget). JBE:dp 1029e 6 ZONAS Attachment 8 SE'C-TIONA,[ DISTRICT MAP 34-5-11 CIrry OF Ht \'TING -)N BIt"JA(AllAk ORANGE COI NTY, 8 Rk F, y J- 3 Eq -F A Vk -==b ry M P! RI R! R! RI C F R 0%)NTINGTON R, CD E NET QA L- PAX,, RA-0-CD RA-0-CD RI -CD R I -CD RA -CD RA-0 R A- Di GAFIV 'A C RA-01 AVE Portland Metro Fitness Center, Portland, Or A green Y Rc,'rrr:Fa,l r,K:r�R 1414it {'Kt)(,Rf SSjii%R("III I(`IURU T?k:Si7 Fiz , , i r t.,3��;'i.anY Y .< At: vE jbits rrserLfJ P i�4 . . . . . . . . . . . v • VA vs iR Y yhi. t 4 YY G Y-' �, n � � � iS y �x C 1 � 1 .k,•' M �y� ,yL ,,,y ,t �.� � `�' _• r � t �.� y' .sus»• I. ,/t .W:.s: ; All ' fn, f { G t Y• A Portland Metro Fitness Center 14 A. A, tau j 1 .� L leaµ. L f t ➢ a.�T�`fii I At tar fir.. > ri'•r e... ih rx t� do vim'• 1 t ' a Sir ,,,� q � t }jr(, • X `-� , { �`i# � 1 �� +�y"'F�sY '..� Y Q o /_ �fi� SSti` j•.} .b�'`Y"'��l.�O e z t if'am!. West Orange County YMCA CAPITAL ^'-` 'r' OPMENT- I AN review by Igt its' n� I .)11 :`v, A IT 1 1, wd wAl tind ini-r,mtow w its W,rt 11owy, i I'! ! ,. : .. W t A Nh t I*, F . t Lf 1 Cr It f r UW 1'' 1's .III-:'.. at V, U.10t Ito a !_.1 !P, ;1;1% IWA in Ar W"T WPL6i 14 nt; art . ,�: u- . 1 A thr x, r* ini , no mitt! w%* :r r; w a Ira ! r 1. , - Tv iiwll"n. !v. 1. :% ean>r it', ;i,-k r: :nw iv, r !A!& in, .z A. r k r, A, arch it *wtqrw! 4 nf 0 1 A a 1 rd 1 It ut It ri 4 t r, r,r r r-h 1 j o a Gat t, a f_nicmtr vhd AL aid 11 0 4 m- I* it 7 L* Y. K: 1 T 0 It at' M WNTS= is- Tt—V " 1--i-I - YMCA 61 1 range Cnunty Wervict Arva Ott rnal i%v Sit"> f-r !ICA Di NvIopmut Mal; f *t . I I - t ('qi S i I k , - Prul3cq-t' d R- %t cu"s Wl�t 10uhy- C(OntY YMCA 1 itu;s Cuntur Est matr d Op rest in, G I Q st Orucoi COUUty YMCA FItnuss CeLtar AfwrcuL 2v UK hurx :k " PaNnuo n Lit l i 1 angt (�unj 1 Fatn, s�, C I L t or I rn u y t A nd i u F UC 1 1 it t0 F- L a c ud L i nd At f d. 1 1 - in i t St r% . - w % r v W— i Ormw- 1% wiv, i itw':., Q: !Kv I i't..1 1: ndipf Fael 1 it'. '" n imt roil! lard MurY.�,-t At ul, "t 'Ar i PIC,IV, *V-1 S �- r 11 t item vq-4 ral - k t, YMCA I- - 11 e r v 1 (-, e Fa c I.L 1 t I v s i,;r,i pit ri * VArxf-1 Arta- of Comparable YMCA's d m:4 n,,x -:f,l I r ral-ac— IiAte, Experienced by YMCA:, !,J"g e. k*(-Impe! ItlVe jF 1,. ..... if Prxvat,. .'iub, in the Proposed Wvl;t YMA Arta West Orange County YMCA 062 Ga, Ne Id Avenue, Hunt. n .3 ton Bea( h, California 92648 1714,847-9622 143,-Io BuacN Bi,o Cali forma 92683 j7l4)uj8-56d8 :-Vtr 1� , , : }7%4 I t7 'n t ZO c-t—! *"l:_'- , W t.t or, 0 nn tt�'I-Z no.; Ono ; =a onwAv xll A! zt :;ell o� war ;Inw. j ;r ti:e -:jztci : La: raz t!-u 't*n'!,1- :!- was J-S rUES: z "hit�4;- ZL�'r ccopezat;ve t—*!"tts. 'oV. a z t" :an- 'e-i rz, W. ar; t 'n to r Sa rU n :,4 We left Un SMITSt "t. VAL, ttrin, It a. 1 jmX, '. i rve I%J �Ur ear is"'Am t y'► 1f t;curiornir_.s t�s;stareh As�;p(.iatcs �, I :at A�:e,rt �t«xx, • Ci 10 • Gr..rp, • �xn Ltti ca "uat • !!orlon Mr. Dennis Ct,-..en Executive Director 14, nt ittf;t,)n B .r, h - Ft„arlt a ill Val1cy YMCA 7262 Gsrfivld Huntington Beach, Califoinia 92648 Dear Mr. Cruxett: 10', A WJi-J irr- Boulevard tto:. Atsgete-% Cal durnr«t 9UU24 (21:�t 417.9585 TWX 910-342-6893 Kirch "9, 1979 Proposal No. 15766 It wae, a pleasure invet ing you and Mr. Na-ih and discussing the proposed expansit,ri pr agram for the hunt ingttxr Beach - Fountain Valley YMCA. it is our understanding that the Huntington Beath - Fountain Valley YMCA is considering the di_-vv1op-,; nt of a full :wrviee YMCA facility. One very recent event that ha.q occuried and has x:reatvd a measure of urgency to cisian making process It; U-o possibility of including the proposed YM0A :city in lensed sp,:ce in a new oifiee building mplex that is in the final planning ,takes. Some very prelimit,,ary study relative to such a facility has been uiiderr.,ken by a namlm-r of the YMCA Board of Directors, However it is reco4;n!.,vd that a more detailed analysis is required and on this basis ELWIIOMiL-, F.vseatth As.soclates has been asked to submit a proposal for research and (• m,uiting servi-es. The remaininb paragraphs of this proposal uutlitie a propo.,,erd Lestarc•h program for your consideration. First the retiear<;h obivetivvs of the t.tudy program are presented, followed by the proposed ,eope alld method of r,-:,t.arch. The proposal concludes with a discussion of tilt' tit^ aitd t.,st re uirLm,.-tsts for such a study. It is recognized in the* prep.trai i�,n of thit, proposal that time is of extreme importance. RESPARCH GBiECTIVFS The objectives of this :v.-.Parch progiam are: 1.. To evaluate tilt MIArxet support whisk exists for a ull service YMCA in the Beach Ave. - San Diego Frrevay area of Huntington Beach. 2. To prvj;1area t.-stimates of, capital coats for a lea:;cd "office building" IMCA and for a free standing YMCA, each of approx- imately 70,000 squire feet. 3. To evoluate that pru..,pcctive financial performance of the =mplex. P A Ptanninj Re"Atch Company S�tal'E A,xiKl rft i tt,i[I t)i� l�t_trl";1kf:fi As prevft�u-.ly mt,atitrtaed It i!, rec,q;ni,.ed that tine of study comple- tion is a factor of extreme, importmice. and will. t;rerefore significantly reduce the r=pportuitity for basic prftr,arj r.r,c•jtch (surveys, extensive in-depth Intrrvic ws, etr.) Thus, PU, will draw lit ivily uptaz previous YMCA research projt•t.-ts, extrapolated to the service area of the proposed new full-esarvive Y f.z.:ility, by the necessaLy field work and time-Iir trod inttsrviews. Within limitaticros ERA proposes a scope of work that will itrt lude>, 1,vt not neces5 zrily be limited to, the following tasks; 1. t c%, •,le all aLa Liable t urrunt population and inc'-we data .for Eli, i,Lol,ablu si-rvice area rf the ,,ropes-ed YMCA facility (.t,:;u:r.• el to be th.x a,q rrxi,i:ate Lr.bfnvd service areas of the Hunt itzt;tt>tt br,ich .. Fauntditt Valley and Westminister YMCAs). 2. ? evit=w of tho ,+( rating c hczr.zcivri ,tir::, of NMCA's previously studied ty ERA, :card to tht• t-tent past.ibie of other facilities sJrh :zs the S,U. PCdIo, BLe,ik h, .ind Portland Oregon YMCAs. x. o. t'vit e., :zre%i .,f •zl st it,n }.. KIrl<t.-t l teat La;.t i rn du t,. r i p t i t,zl d. !tsr:,`srer�,irrfz ft-t -,,hviialt:s r. ftc•.=�c,zz4a, a.ntl t xpetu,r�s 1. Otlit- r ,>r.,,,t•t it fvt lit:alth clrzb faicilities in the f;r.>i r,s,r•d i."ftA •,t=r viw �� ttrt�n. 4. F:t,t.st i fr,h. with of Hunt itzt,tr+tn Fscaeln - Fountain Valley YMCA i 'I —it of propo: eYd facilities tot be :etc ludtYd in tht• propo;ed 1MCA, taking into consideration faellitiub oft+ rF>d in tether full- set4 Ices YMCAs, additional facilities `h.it .ippr,zr :i1spioprLitc and probable space limitatit� S. R4view t,ifist• Wpdce lca:,e. rate :.lt,n � the San Diego Freeway in the fi•rnt inntun hL.ich F.,untain Valley area including to the vxtent postsibltr unf inisl�ed :,flat e . Also investigate the availability and price of raw lazed in the same corridor. 6. i:�. t , tj i k14., '1J1 t nd !11. I , - ! 11 t I ' , I V j k' t :; f f i r , .' in GI i Y L 1w T f 0 1 1-t: YNCA opvt at lit& J ibira a5 appro- tj'p! s-.i,er ii,' itcd by the t.livnt, 'J t. i 1- t 1, s for a I ),006 square foot it plcx tnAi for a free Ad I Z I:tlid Co5L5. b, J.' t 14," ;A Ir t Le pt po6Ld f,lLility i}iC.tt t.st' i : tt j data. 9- 1—il, 1-1, ot p, .' , -i i% A,t r Lii,,, by rnt.rborbhip class (-tr.} I e na rke t: j, t t I T 111t. and jllji;jal dues t r tv tut i r to c.t' t, t r i ,-e YMC 'A, s. Test rv,t le— A,,.,r-inip agaxniit (-apdcity t nijz.ber of ptit(ritial At- f k I 1U. P r,, it—,iiues from mf�mbeiship, dit"t, ctfio x i,'t ;, t i f j:ib I e p(;ss ib le r 4 1 'm i k ntal , punting set vicv; Wit 1. Y!ilcA tL.sEives. a proposed La "l-e, L f f in.,,i,q,' i he I i j-z- ,d I Jlty. Prepare financial 1 '1171, It VII)e ti'it I t ,, t T t q,ii,. c!!wi,ts, operating income 11'.0s, 01 *iit t,i v o v atpii . t ;-,nt -, as Lt;quirt d and the like. !RA will 1;x,�pjtt it n ot.ily:As indicating the s,ip ", .v! thtt ;ar-t !;i A to x--,tch the break even t,'z tit" i�tOju( . . T(Kh MI) F. ;)s,ET Ret .,�n i , i . , - tiv . I , t, t ;,.! , i J ist !> I -,PA w I 11 cmrjile Le the ntudy wit b it, 30 day!,. i , r o c I -I it.. I "at 1 , :n . flowo%vr, any txten.sfon of this extremely tlp,ht ti,:;t- h-iz.1- th,st ,, ii'd be as the study progresses, without injury Lo tliti, livat.,i planning kii ut-eutiatink, pusitiun would be greatly apptec4attd. i w it udy wi I I r, qu i rv, a I)udr,(-t of $10,.50. This cost includes all .. 0 !,, iff timt-, i-vurhi id, travel, report prodUL-- tion and other Rit , lient uill ot all tvtit ii be kel)L informed of the rt-ovarth in,j fta,. Ott Asi-tion of terminating the study during the course of the rytartb. Should this occur, only tl,use costs incurrLd to tht> d.ite of iviirli.atlon %.1.11 be ptyable. Upon completion of the study �i draft tjpy of the final rt.!purt will be prV,,unted. 'Upon client approval 20 cojiie, of the final it -port will be iit,parod and delivered to the client. t l i . I , 1� -V -A t "A t In J1.1j, - c 41 of 1� pwi a 1 -400 if t r t,! .it t ],it e fit, '11 It.j"')rt A, � Ol't'itict. ,I final Ar t pt i.wv t1 i,. i, r (ppi; -i ' v..iy ;w i.* t d by !.it -cling one copy and TL-tUrniiq; It .-ul( iA . ,, Dt to E:afa� IicSearch Astiocial.,L--.. he 1— I t i t v .-k; wfth -,-,u on this Most illt, iTAg pr.. 131 f,•vl a modifi,ation of t1his prol'o, 'I Ft rr' t 1"kit bc.511ate to contact mum. ACC k' P rMi:'L, h S I GNLD BY ; SIGNPD by. NDO/Jml ✓ 11 L. -1;A I e 1 * C r"1 to r.k r . t. !�' •R. .. Z � A1.1'rRNA" IV, 1:*H1-S F(IN Y"drA inr:t[:i,t_aPbiFfri` FRA w.th i,ked to ,,-,to,ider aItrtuatives to the, pr,,pobed leased office 6i)a_-e Io' ity..: 1r)r a 14`est Crionty full -service YMCA fd'eility. In order to do ,., 1AA, :,vni� sed a gkmrr.ai acid preliminary review ui detielaiR able par,t>ls in tht. i;:.,rkrt ,rea. They objective of this research endeavor was to deteitlne tne aaaeait_:bility and prioe4 of rites suitable for the YW.A faCility in te?rris Of size and locaiior with respect to the market area, and to provide diretrinn for further inquiry and consider4'ion. .n line t:iti, erµrtsLied YMCA uujectives, research was focused or: sites witbiu tht City of huntinl,tcn Beach, and, se,.-cndarily, on sites with freeway visibility anther ae-,* s by major arterials in other market area -ocaunitieb. It.(- rt•,earch endeavor entailed a drive --by survey of vat~ant parLeis i,itnin roughly a two-mile r,idiu:a of the office site, iden- tificaticin of ownvrti fC:ounty Assessc:r Recordb and telephone. contact 'tv deterzine tht, st,etub of tfiv pat,.elt,. Additionally, realtors, developers, and puh l,, agencies t.`ttles an.; s`hool <.istrirtO weri- contacted. Research iittdt:r> art- prv-entvd, bite by in the following paragraphs. Para- graph nun.ine'rs corre,;,tind tc -.,i : k4'!: show.M in Figure 1. Cice<ir: View S: k:ot l D1!itx is t owns 8.0h a••res on the southwest t c;rner o Beat:l, fiu,ilevtard and Warner Avenue in Huntington Lea i Ai. ad.AtAstrative 1,uilding tronts onBeach and twc� lkar.erbal i (11 ir,ondb Iroct toil lamer. A btreet easement sepa- rate., t',.uhe uses, rediiiiny; usaLlt• it,te°age tv i,✓ acreb. A - mini;,trative per-,onnel will be movtrd to a new location by .tune. The ihsue (it disposltior, of tl.e property is on the agenda t,i the !,. hool Beard tweet my on Monday, Mav 7. If a dvct:,ion i-. ..ot made ar that point, ditact,ssiun will continiat• :,n M.ay 21. If . nesy de%:ide to sell, they prt;purty will be offered firut to public entities; including City of Huntington Beach, Orange, Luunty and the state. If the offer is not: a. ceptvd within 611 days the, proporty its then offete,: to the public at large. y'h,- i tri;t, va, .tt,t parcel ftontine, on tta- east bide of beach, rt:rtk: of }I 1 Av nut, L, owned by Hie Estate of Duruthv T. i' it an, adciinists red by The hank of America. This 25-acre par,vl *- the i;tst portion of the Fuck ':rust which once in- t ludo e.k i:.e :', 4tit as res in Orange County. Bank of America indicates no intrre-;t in sellini; arty perticn of the property and expects irs rur.ent value is in the range of $8 to $10 per foot. 3. Shol i H„ra own: and farms a 71.��9 acre parcel at t},e intersec- ticr. a,` Broc:kliurst and Si,,t.er. Tt is the c,tcly remaining parr(--',, ad,at eat t , ai.d vi sil l e from the• fan ilieg(, freeway in the mar- ket ue+., <,!id it, :;,n.idc•red a pririe location for office space. The Livnc•r i,..r treLti 4.,ortsidering belling; for about five yearn au- i:> intertestcd ir, trat:ine for an income -producing property, TNe expo,-te•d rurre_nt viclut- of the proper y is :10 per toot er rot.ghl v $ i. 1 million. 4. T'.is +.,,r, e1 is of tvrtd by t . F. C oe;c_t;n lama}.any and was recently purcha-sed fr,.,m U.,rner Oil Company. It is 1.15 acres with 165- fot.t frontat-c; to Beat!, }soalevard. it is zoned comtiercial (Cw) and tine at:kinfr, price is s500,000 txr roughly $10%foot. TYti . ;),itc : is r,-, tang,alar with long, aide I rontagE an Varner-- juUt east rf 6,; ide'n we?,,t. it is 2.27 at res total and is cwned by Dc;wTt,v and Lo6ti Association. This parcel is planned frr future developri.tnt as i shoppinf; center and is nc;t fir sale:. 6. This square part O art Slater, diag,anallw opposite Fountain `alley City }iv11, is to f!e developed in office, restaurant: and retail ue.es. Coldwe•ll hanker is currently prt leasing office space ,..id indicates plans would not include a large fitness fao.ility such us proposed by the YMCA. r. e.,.s 1,trrc•1 has been p,attix,ily developed. Uses include Foun- t�cita ,tile he rcretic.; :enter, Mile Syu_;rr Gulf Course and Mile Sc,udry Park. 11,e i,,xactt portion of this parcel owned by oxange (.runty bt:pa: tment us Ifartr.ers, Beaches bid Parks has trees dNr.ird tc+ the i itv f.>r perk development. Tht , are not itttcri>sted in ltrtatine a YMCA fac'liity at this site. 8. Giltien wes' way contacted to determine if any of their :,arrvi,tly v:c.i;it property was available. ASministrative per- sonnel indi.dte all laird w6nr i by Golden west is master planned for ut�t' by the (ollege. 4. Lusk, the developer cf Huntington Industrial Park, indicates tl.it there are is,, for salt, in that project at this time. Iz pdr, els did tie, arc available, it Would be through irdividudl yr:tr,. 1'he developer plans to build to suit for le'•!,ee _gin the remaining unsold plirti—I of the tht• perk iippr,,xinitely 26 acres ttttl). Shall-tyipe space is c,;r. e iC -' lva:iinX fit, 20,; to `c per foot triple net (ten - art pa,.,. r,xe,,, insiirjn.t, ani utilities). lay. Th+_ ;il y crt li�n:ingtcut beii,h v,,., conta: ted re arding the pos- siGili¢ of land In Huntington Central Park. It sits fo- ail that the city is currently revising the ouster Ilan for the p.0K with tht, intention ui detera,ping retteation uses wfsi.a'> mii?tIt it, develtytd both to serve the public and to gen- erare s,,me inc,,,aw. Ttte planning process is expected to take up t,.., tt,rec years. Further, the city is now under contract with u master cuncessiot.aire lessee who his some control over iese L, of park land., --a situation, which is also being reviewed by the t ity. These fat turn suggest that near term, prospects for negotiation between the city and the YSCA---for ground lease and development te+, a YMCA facility --are not good, though thtr e: ity a ret`s that a YMi'A•type use within the park is , i= ,pat J,It- a t!t tl;t<ir ,::vvr ail rt,t,, vpt of park deveIupment and lva,�t` t�:r .a,.a for tature tonsider�iti n. ;Fe f.srtt ,it.t, t::t. rtrrIt, it,st i. ,uamiarLzed in Table . These data surge t [A ,k.ar,:t. t,t i� I. 'A-lv, le,f,lopable ii<tt<els in the Huntington Be'lab p�"rt:.an t t ti., rarkt't irea. r:A:,;i;ite iht• lie.it(td scope of the survey, The eonc;usio:-. as aupt)ux Ceti ""iv r,,i r; a,at itas,= with xraltoxs and major de- velopers--e.h., fb.,.itin t.ttn bs,,i n tompatty anti Signal Landmark --with land- holdings in Hunt ;z:s,t un Bea;:1, rind other market area communities. Generally speaking, devel, pable lartr Is not for sale and/ur ha,, Leen earmarked for future dent-it=t� sect. Git'll-located comnerr!ial parcels would sell for $7 to $10 per foot, is avaiiable, while residential parcels would be priced from 54.5 to $6.0o a fix«t fox usiimprovftd acreage. Ground lease or fa- cility lease (but.d to suit, s be,oming u more feasil•le form of tenure from the deveici.r. t> stea ,d rt 4nt as tht- supt,lv if land dwindleK. It is difficult to Yk t:":Sr an 4vttaie least: ratty for a "build -to -suit" space suitable tur YMCIA x e. H„wt::cr, rht• curtt,nt rste for :shelf -type space in Hunti;fi;tc=a Tr+,tae-trial Park ,t'i indi,i ates a low point in Lhe range, an,i it i,, , x;,u;tt•,4 r6itt -[it 1-tastrate` at tbt- Proposed Office spat e devu.< i+Rtt•r: ( Ll.;.ib tv,�t i wi,u;€i rtapresettt the top 0f the rank,e. ... _ .. � _'t_ .r .. .._.. �r._,.:.. _... .__ �_.... ,,,. _ .....�. �...._. ...._,....J r ,. sr � ,. opr. pij r,jrrl— 7 1 vo 3 rPr I ki 1. r 1 1, f1j t vi,w meIl r, :f.I re,.. 4p-r. - - r, C ' t Jiy.A'feGr F.3t! .. •..lYf•^. ._.. 4F_... .. �14��_;�+.._..�.+, , Ne.r'.t4m4i9e r re:.., a w It tept::-re Taxom and 1!.Ar+r a_., e Natl -„ ' cSurr' rr Enn,ra-r t4n1ntenan-e and re;.a rti „t[, r lF I)P: 4 PR and put 1: it ivt.r. nkencV _.r�_•1P1t1 _. 4:.`y:. a,, , T-t•i': ent raitel nperntinz exn€n,t` 1 /�;prnxsrnyte2Y 3 panenr avt crcyar; rrvvr; �r= ;rr=, a� 1nW.ihtr• a re.r<.: ' (f l.�a-C ^. -•�. t„ . m+}rr. n.an , r i..,ry � rr-. F�, ., uin. -.rRr, •..n'erer:. , c n,,t .r, :ar expecylrr, du��r t' .... [: rt�.ttd. Rtaf P. 4\t 'R Fyrrxn. .. . p.ry,. [,. r!d i. •n—i All.,jRDABIAF DE111 'ERM'% VAV*..,4'rs'f WhST (:,AfNfY YMCA F1INE,3S CFNIEk REESIANDING YALILITY 61.1 Id i1q, c; Z'. Wimaed tomrmtlm. CKA at Sbfj per Square Focit pexceia eitezebr, 100 Fe e" Wwwmg, so V"r, 15 vvar:, year vkfl:d.lg iuli! It yearc. 2C Year, A y,. w Fur_l y"rs year-, year. LIOAOQ; hmlj"S Aw I I yedr" yvw u' vear! $:,QOC.Qb! Builm 4 f"a 10 year:' IS vearf, bi year:*. 25 )man, 0'00*s si'. f t sq.fl. 50,000 sq.f'.. 54. NW, 000 $31huol000 $ 3. 000 1 OU Q " 511 iss, we, 488,24o 541.190 473, 310 394,420 493,33,-) '.W .450 3 Q 2 Olf &I 462,710 -i9b, 6 IG 330,50 5. 406 , BeO 4"v 45D 5 i'O 3116.6-86 4'i4.61j 291,650 M,W L."S 52C 275,420 ')"kl' lqi; i 1 1ti 325,49'i 420,720 w ov, 2609% I-SAM WIND 234,921, j,)2, 54f) 86,440 220,34 439,4 1 u 341.171 244 , I A Tw w 27h,091 191,2; ITS, 14b Ab 1 6 70 176, l9i, .450 231,30, 165,25c" 16Z 54, ry,24rt 131 AM vsh,410 W.9"O 117,460 Z42,1:0 176,00 110,170 '51,600 ava-1fat.lo, tot dobt ber,.icv. Source: i-,:-onomict, ke--var,lL A,.;�QorlatLt bcTwetA 6pt�gafo.)61 CoetJ56 At,ji) ey-Pecrel) *RF_V6�ue 5. Al jwuk,Aj,j 1 01,11,1 Ii f: l-M+lhNTl; Wlii (01N]'i YMCA cHNPER Fri'FSlAl"U)JN(, PACILITY k; ion B-aiding tt a bi peri oquart 'o. t Debt ii(l pereent InLeresz) 109 Percent Tina;., ins It' veazL. V, years 2-, year-, 25 year, $5ul1,ODO B1114dlug iul..; i("' year,. F) veari, 20 year" :'S years 15 20 Years 2:) buiioiny hin'l 10 years 15 year, 20 years 25 year,,. ,-.00O.OUG BTI,jdlrq; Plllld 10 year,, 15 yearr. 20 yearb 25 yearb bo,ou) ',(),UOU 5q.tt. ,i4, *,11, , WOU $ 3,6Co, Ouo J 3, OUO, 0190 4 8 3, 5 1") " 14, -, , s s.. 5 488, z4o 4'3, 3 1,) ) 94 , 4 3 3D ti ks,352, 380 4ti2 .7 10 i96.6 10 330,50U 514- , I I x I , 400,80 4 o; , ', "; 328,680 1 '0 293,65" S.fl 275,42,: 4-* !,.i- 325,490 4,: 0, 34 262,95[; 'i, - "t '401) 234 921 3-121 . ') -4 �j 220, 34;., 2 1973 210 '140 2.4t, 6 7i� 176,19) 10 231 .3 50 1 l b5,250 "('4 'Ito, 341(s 1t)2,750 2b�4 i4o ''! 1=jb --8 -9,4—;) 131.470 258,4 10 ? . 117.460 14., 'jiu 176,270 110,170 l'i, -5351-.600- ava-l-lablk, lt-r duht Bervicv. -il $151 .000 annual payment for 10 yvars for land purchase. Soutce: EtoxiomiLs Research Associates. v hw Year ;Jtf,,Iei 'a Fa z llilv S're Farillry k,_rter- Swtmtng 1 I-,- WoRRIDR I. RandbxlI'Fa:qi-tba!7 ;t,ttr,,, Exer;,Iqo,- F4. tllpmvnt I u ra Yes le. leg "a � vz z I i bau�a 4 , - I Multi-h,rpi~ P., m., Opervinp W_r, Mrnde,v- - Tfxrigei, t"N6 111:00 P.M- U"' p. Friday "M f :11V 1. , 6-,)0 a.m.- 6 J, 11,40, P� MOO P.m. q: Sncurd.i t I(I p , t, "A'm " . 'In A.m. T,,M. sklndar Id Round Pctt'ml 0 r 11 Hark et Arra ',munirN Fountain Val av Garden wove fi f-I if" 2.0 1pr.4,yl Seal Pei 7 ON(o F, Ot j try 71 nn 1 2,V Market Aria Tt ra; 4 16, k. :00 4 Sourre: (;r4nge- t PiT�. . ft-noml« Rr-eirh Anm,• titc-,, h',F�MFERSHIP L'XI I S A", MARVFT PENETRATIUN RATES l-U'EhIhNt,rl) by COMPARABLE YMCAs 1979 Cj,r I eat Market Membership Market Area Penetration YMa A Le . e i 11c,pulat ion Rate _7y-- 283,33 1 M 1, 2."u 2b3,150 0.4 Long Bejt h 2 , 2 7 `( 277,303 0.6 Orange Coast -5,200 188,750 1.7 Portland 371 , Santa Aria -Tustin 810" 2 1 j5, 7 1 r,Ii 0.4 West,.idt. 4, L47(, 341, hlflk Averagµ Mart..t Penetration for Ar..—t-- EaI'itivt- I tW-p level at nt- fac 1lily, due L. oper. January, 19K Adult (age lb and overt' paving membert. only. Source: E�:oncwml L b Peb ea r L- 1, Assoc i a t es Survey of YY.C;A fat i 11 t i es , April 19.114. I 11 FT ':".1 FAk % Hra " t tlar'I'A 1 f" f4 R4:qu-thall 101at, Hf I r.i' k Fartl ty--- i-cur t a IT 'i F N— %V '.T 7 Fq! i; ent 1 r,ic k h thildcfire • Garden Grove ar Athletic CIO, • imperial Henit), Club -Pter o Las Cabaltert,pi Ir I-, "1 1 vrr. VE I Vf-f; Sporto Club o Wallbanger Ra n, n M-F, free q,uerball Co' lege COVT"Er-v Center n RAtcqjetbal ql.r It gef 4f-1,'e v" veq VPA PM World & lipalt 11: In a^ 6-30 prr S6F Club o K1nRs &icque¢- la 'eA separite I Ir! t PO Ver 8 45 am I ptr M-f ball �:O pm Q ! I, pry tfWT C. Nautilus Pie,-p,,rr qe"I' I*P -; P I pm - 7 Pm S&F 0 Venus de MM' vel n Vallbanger '—c ye-, Handball c, Jack YnungWnad'q w.' d"er 1r.1r" sel'IrIte veq South Cv-k-t hear ell i i i - , a % I , WIT,T RKSHEFT 11),9 1 t A CTV.,, 1. A 0 -7 POP P) (A u-' 9, 5 0 0 6 u 6 b • 9 ftC, i 1 h 1 i xp 1 z 9 4 17,803 6004 Ca 6 ,9 142 ;4 9 -1 , I ri , j CaTro FA, 1, t.,!, F, 65, j E- 5 1 t P :l 517 60oq f 1, P--. on 8 f') n -I �x '1, b 1 6, -4 F4 G 0 10,700 �i 6,,") Q 44_ 7 I t,A , -64 4t,f a 1 -49 , '2 6 1 4 Ina �-.11 4 , 6�t, I{1.1 '19 11"C"TAI, i'Xi 1,.;. 2J 3, 144 4 1 THE 'YMCA . 133 YEARS UE SERVICE TO MAiresllCINI)+ Iu4 1 `i: MLA !t,unduo tit t t,:t,111n, E Iigldnd, 1851 First YMCA is, tt UIJA. orgdmird ,n 8ost„it 18153 W01K bejtf.t, It, 'J,yi:, st,cn, Wdstutlyton- 1ts54 First YMCA .i,iiik fi,ii t-or,jentitm. Ixf Iutni d curifederdtion of ASsut;idtfons. ihtrty.tfven oeiegates fit)nt 'Mit'!101. , ttU's 18bb ESWI)IIShn:rht „t tttcr t+:,tri(f Aifidnte of YMCAs III flans. 1856 Physical Eod is dt.urt UVI,.JIITI ant devvitiped to Brooklyn. 1857 F ust full tut., t'JA yet rrldv y "Irttd tit Philadeiptiw. 1859 1 he frr",Y <l,t,tt: „i,c ^., 1 W,y Old ( dtlnurt halls for exercise. 1880 Anr,u.it atfv,tc.11W, ,^,tat,ilshniertt of gyrnnasiwris. 1861 tleyrnmtut ..,t xt.s tour tt,itl "wr for spirit„d1, intellectual, social dMd phySILd► needs „ f ycxrntj ntvti. 18b'b ti'viditgls ;,r t )mi',si,=.r, YMC;-; 51u,t,q up dcross country. A ceotrdi builaing in New York costing rt,.tll thl"It,tt tltr+ar, (,st.l,rs A d nt•w t•litx.h tit Associdtiun history. 1869 F ts; t1 -,'> Wart; 0toaatitiri t ortiattrzed Its Salem, Massachusetts. 187t1 I ^tue.dtr ,n tit .Jay dr„l t.=qht I IdsWS hir young then too busy ur tou pour to attend college. 187", t)r(]dt?,tdl.ur? tit !t!,rst Hd'1Wdy ASSVGIdIir 1. 1873 rsl 14.fai work IN I11lf101s 1882 Los Angeles YMLA founded. 1885 M(,drrr: i,toipirrf hit 1. )j,, pion °tired at YMCA Camp Dudley. wutid's oldest youth camp. 1885 Sprufytiod, 'Y Curlt.,w r•,(itttlyd 1889 YMCA f„t f,rst t>,fw ,1ls4911S tW,t WLretarres to foreign fivids. 8eyinning of Worlo Service, 1890 George W1itl,irns Y C:,4koie founded it Ctu;Fayo. 1891 Bdskettwit invented at Sprintrf t-ld Y CollNe by Dr. Janes Ndismith 1895 Willion G. Mortl,itt at Holyoke, Massachusetts YMCA invents volleyball, 1897 Narjundi t.(itivettituti duthurizeS badge iriLoroordlnig 'Body, nurid, v;pirit" to YMCA trsdngle. 19011 YMCA hetlins nt,lflt s(tit)al work study prorlisms so youn(1 people can bettei thern,t.:Ives through kdtlt. IM11 Sht)f t uric firtdnce (.dfnpdiyn developed by YMCA 1906 YMCA IdUM ttN!+ 1"J%t v.dtrr saiety and learn to swim t.dmpdigns 1909 First YMI,,A fame, suet dt.tivitim begirt 1910 YMCA fustvv, Boy t c-A1ts of Arner1W acid ertcou(ages It to beCon.t a svpatate or(lanizaUon. 1911 Jc hwf Rosenwd,ti ciffels $2t,,600 for a Negro YMCA in eve y city which pruvidt anther S7b'000 It, lu,f yt.tr.: tht•re were eight = hies, Idler, twenty six. 1911 Nir9f A aliln!di,, ft,r Si ti,dEutr, s(currs $5 miltrrxi for wur work- Urtiled Waf Woik Compalyn. headed ify 'YMC 's .10tt. H. Moil, raises $192 tnilimn for seven dyeucies. IWO First Y's Metf% C -titi urtjdfazr(f to Cuit-tfo, 01114). 1925 Y Indian GtjWas, fathr-i soo jarOgI`dn1. tleyilis, 1936 Youth and G,wetnment, nationwide Y citizenship training program fur high ssLhoof boys and gins, holds first 'A-w plt 1941 YMCA and ltiv uthef t z Ifluzdtluns form USO tar syrnbultze Ilse cuncerri of religious agencies for like Welfdfe 411 1114'r3 tit Se!f'WI(,e. 1942 1n midst of World Wdr 11 YMCA iesporisiLie for 4 a,4 Wartime uper itions,. Some 25 Associations operate detlree t)lditittiq col►egi+s a(4 ur)versrtles. 1969 Establtshrnent tit ttu' t�tl Undl r entet for Youth Outreach Workers. 1910 Fdritily Cos wiiurt,cdt.t,t, Skills Center estdblished, 1971 F oil support anti approval tlfvern to the 5 year Nationdi Board plan (if operational goals. 1976 The ye,rr of YMCAs greatest growth and the rwost effective service in history. ,, & CITY OF Hl.3NTINGTON BEACH r7--7--jD2000 MAW STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 17, 1982 YMCA Of Orange County West Orange County Branch 7262 Garfield Avenue Huntington Beach, CA 92648 The Ci+; Council of the City of Huntington Beach at its regular meeting held Monday, February 1, 1982 approved a Ground Lease Agreement with the YMCA. Enclosed is a copy of said Ground Lease Agreement for your information. Alicia M. Wentworth City Clerk AW: CS: cd Enclosure VT vnhcne:714.536.5227I 9 11 Lj@ CITY OF HUNTINGTON BEACH IT" 2000 MAIN STREET CALIFORNIA 52648 OFFICE OF THE CITY CLERK March 16, 1982 Mr. Ted Willeu3};F2y Orange Counc;? As _;<or` Office P. 0, Box 149 Santa Ana, CA V'02 Attn: Real Property Department The City Council of the City of Huntington Beach at its regular meeting held Monday, February 1, 1982 approved a Ground Lease Agreement with the YMCA. Enclosed is a copy of said around Lease Agreement for your information. Alicia M. Wentworth City Clerk AMW.CB,cd Enclosure l Toh,p one 7 Wt36 572i+ rL,M CITY Y OF HIUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 11, 1982 YMCA of Orange County West Orange County Branch 7262 Garfield Avenue Huntington Beach, Ca. 92648 Attn: Dennis Croxen The City Council of the City of Huntington Beach at its regular meeting held Monday, February 1, 1982 approved a Ground Lease Agreement with the YMCA. Please note that on Page r8, Section r4, the words "full service" have been inserted. Please hpve Mr. Renken and Mr. Eichen init «' this change on both copies of the enclosed agreement. Upon executi,,., by your Board, please return the City"s copy to the Office of the City Clerk, P. 0. Box 190, Huntington Beach, CA. 92648. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosures Mlaphonc 714-5.'S65227) REQUEST FOR CITY COUNCIL ACTION 0bmitted by Vincent G. Moorhouse, Director Departms-nt _ Community Services Date Prepared February_ S , 19 80 Backup Material Attached Fx� Yes ❑ No Subject YMCA PROr^, SAL FOR HQNTI(\j(,TQN!ZENTRAL PARK City Administrator's Comments � 11) ' Approve as recommended Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Q Statement of Issue: The West Orange County YMCA has submitted a proposal to our department to lease approximately two acres of land in Huntington Central Park for the purpose of constructing a 0MCA facility. Recommendation: Authorize staff and the City's real estate lease consultant, Mr. Charles Pollyea, to commence negotiations for a long-term lease with the YMCA. Mr. Pollyea is currently on contract to the City to negotiate and prepare leases on City property. A balance of $13,105:00 remains in his account as of January 1980. Anal sis: The YMCA is proposing tr pay a ground lease based on the appraised value of the land, with an option to renew. Included in the proposal is to underwrite the cost of developing and operating a 60,000 to 70,000 square foot gymnasium complex which will include a 25 meter swimming pool, adult fitness center, indoor jogging track, cardio-vase' lar testing and rehabilitation lob, handball/racquetball courts, community service rooms, offices, locker rooms, saunas and jocuzzi. This facility would provide many services that, in the post, have been provided by the City. FurAing Source: YMCA; no City funding required. Alternative Action: Wnot approve the proposal. VGM:VM:sh r,. "tlrurt:u„tirY interrupted and stated that he had asked for a iotlol opi njon o-, !+u, r _ ,• hf nn nr7vr why stof f had sent this to the Committee. Choi rmon ` ,vider Mnl that witho a legal opinion this motion should not be voted upon. 1lpon r �t ,tf tht• ' •,jol opinion, on will be taken. Dr. Roop withdrew his rnotion. i . (:)Or),-r 0,itod .hnt in the past the 'ty has had agreements with private group r. Worthy st :t.• 1 t't :t irw ~rune tjrr>ups use the ' h school courts and provide the school distrit t •.,•it', t•t-- s,rr • benefits. Mr. Worthy s ed that staff felt this w d reduce the nu,lx•r ,f courts used by the club and wain 'ow the public re use. c�� The club would vacate flicjht courts and only use four, plus th ty w d benefit since the club will n-iinlov, the courts. Dr. Cooper felt the school di and the city should be t6- sorne. Ho f,-It this +nust hove been a legal problem ' e past. Moorhouse stated that it is lihe,t:it to rent public property to a priv group. He will sent e Commission a ropv of t�,.� legal opinion upon receipt. Cooper suggested the City ' the high school District how they permitted th ctivity. (fir. Roop stated that the pas ctice was ;tt,estionahle for t rgh school district and will ask his Iegol deportm + for on op,,)i:tn also. M�'= elt that if the tennis club cannot use the Marino Park to i co.,rts, then therea of City cooperation with private orgonizafiions .vill have to�0�vieior legality. Other private organizations maintain ball fields for us in exc aye on weekends. these questions should be clarified by our City Attorney as swan u ossible HUNTiNGT2N CENTRAL PARK COMMITTEE - YMCA PROPOSAL Mr. Lee Mossteller reported on the December 10 rrieetinq of the Huntington r'entral fork Committee. The Committee was presented a proposal by YNV7A representative, .Jerry tlosh, at the rneeting. Mr. Mossteller introduced Mr. "dash to the Commission. 41r. "Jos`t %toted that the YMCA is prepared to proceed with development of a full gy+nnnsivm type, recreational facility for this community. The facility will be modeled after one in Portland, Oregon. The YMCA requests permission to lease two acres in Huntington Central Park at fair market value for a term of 55 years with an option to renew for development of a 60,000 to 70,000 square foot gyrnnosio n complex which would include a 2.5 meter swimrninq pool, adult fitness center, jogging track, hondball%rocgietnall courts, community service rooms, offices, locker rooms sa:)nos, locuzzi, etc. Dr. £coop once t if the facility would be made available to any- .,i the City with limited fund,. Mr. trash replied that the YMCA would look into providing a clay use program at a rninir>uim fee. Also, in their tee structure, one of the things the YMCA has to do as a non-profit organization ie to provide for those who cannot pay.Mr. Mu<steller felt that t'-.,- residents voted for a different type of gymnasium, but that this would afford more opportunities for certain residents and it is a good idea. fir. Cooper asked if there would be tiny problem with Ordinance I B41 and leasing to a private or,junization. Mr. Moorhu),jse replied that we will have to legally investigate. If Commission approves the concept,!o', pion as presented by the YMCA, staff will proceed with investigation of the legrll;ty of the pion. Mr. Moorhouse stated this proposal will :x-)ih generate ft,ntis and enahlo tho general public to use the facility. An agreement will hove to be prepore:i listinq al: stipulations. MOTION: Dr. Torn Cooper moved the Community `Tervit r>, ;'o,1i:nis%ion endorNe !'uo concept of a private, non-profit organization for the purpose of multi -use gymnasium complex and recommend negotiotions be %torted witlt t'tr. YMCA. Mr. Lee Mossteller seconded the motion. MOTION CARRIED. .,y \ Lr art ;T• ^'t �"•�� •, .r ® 1 Yr,unrl itt?tin's Christd.ud /'.;•,�, r,citun t A., I lo, rttuii Ilcat h, i t d ld.�rl:r a' ,, F't'achee„ zy tt a' ;d, art:} F'arl:r: 1'a Sera t:<' al prer..;iaLcc: Lho Liter you allowed u:; t t: ' rE tr a,J'+ T ,, 11,71, . di,cu:ay:ion we had with you was very inform<Itivc: and will be 'Lell:tul ;n formulating cur plans. Pur• uaddL to out dia:us::ion, we are her„ l,y rcqu(:s0n-1 that - ,e rouge C<.)unty YMCA he included in tho ma.st.r r Man for Ov, Cct,t z,,l Tf was obvious from our discussion that tl,t: 'i:TA, t h- city, a-1 the l Laxpayer!� can mutually tacnefit from our cooj} vraL1,,n effort: . w'o F,rol risr, to hui1c1 a U., 000 tc, 70,000 .: . I , m^ilti-: toi-• . alt;: .-irkl atstc, :enter ota approximately two acres. rhin 4cnt_cr trill tl:1 fnllowiadta I Pull Fize gymn.dsiclan 25 meter swirtur.iny jx1ol Ondor,rt 11r,n ar;d womvnr:; fitness CenLQa' Tndocr jogginq tract: - Catt}iuvascular U-sting ar.A rel.at.III tatIci: 1,-Ib - flandball/racqucthall courts s - Corn^unity service zoos;:; t s - Offices, locker ruomn, sauada,, lac.'uz zi t 1 Fat. *repr+_p<lred to lea,t: the land at lair rrazkcr. v.ilur fl: `.r Ic'.d= ., wit•: an cat=Lion to rcn(,, . Wo are further prepared re ra d.e the capital net ,Iy ! to guild and equil, the center without the aid tyf taxpayer drillars. Tlhir will i,.. accomplished Lhrough a capital campaign, v:ajor contributions, and othez ft)rrmI of financing. :;incr' thorn I^ a r&rd foa' Such a complom, ".uji perL-d by the, F".'.J: 11 Ct,#iGM1e:' Vv.*.ears;h ris sociater;) , nttidy we left w:Lth ynu, Lary titc� w'c::t or.inc%• CounLy Yt114A, ore r,rnrident ue con ol,erate it id: a finad.ct.� } r a t:t7xars.il?le d. r.a r r. I We are anxious to move ahead with this pto jcct, and are V, 70ur carlicst Lesponse. '3 Y c E iatccrely, 1 at• J,� i (,'31.7atr•an •� °ilttd t.11 i3t'L'('1C�} t:=•'td'.: 4Qt:k4tlt f ,�, � o A Hr.a,ai h of ape Yh'.CA of (N antlt= Ct it: t ,-4" +, -dl7 f REQUEP FOR CITY COUNCOACTION Date January 2; 198 Submitted to: The Honorable Mayor and City Council Submitted b Charles W. Thompson, City Admini.strato y p � Y Prepared by: Vincent G. Moarhouse, Director, Community Services�� Subject: YMCA Ground Lease - Huntington Central Park Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE At its :starch 3, 198C, meeting, the City Council authorized staff to commence negotiations for a long-term lease with the YMCA of approxi- mately four acres of land in Huntington Central Park for the purpose of constructing a YMCA facility. RECOMMENDATION Approve the ground lease agreement with the YMCA and authorize Mayor to execute same ANALYSIS In the early part of 1984, the West Orange County YMCA proposed build- ing a gymnasium facility of approximately 50,O00 square feet, which would include a 25 meter swimming pool, adult fitness center, indoor jogging track, cardio-vascular testing and rehabilitation lab, hand- ball/racketball courts, community service rooms, offices, locker rooms, saunas and Jacuzzi. Prior to construction, the facility plans must have city approval. The facility will be opened to the public and all fees must have city approval. Lessee will prov-`e all improvements without expense to the city. It is estimated that the project will ccst between $3.5 to $4 million. Construction must commence within three years after execution of the agreement. The term of the lease is for fifty years. Ground rent will be $23000 per month ($24,000 yearly). At the end of every three year period, the rent shall be ad usted upward based on the cost of living index. Staff has been in negotiation with the YM^A for the past eighteen months and both parties have now agreed to the attached lease document. With current budget restraints and income limitations, staff feels this lease will he cost effective in that the YMCA will be fulfilling a recreational nerd to the community without expense to the taxpayer. FUNDING SOURCE None. N :� 0 0 --1- . REQUEST FOR CITY COUNCIL ACTION (Cont'd) January 27, 1982 Subject: YMCA Ground Lease - HCP ALTERNATIVE ACTIONS 1. Renegotiate lease on a short term basis; 2. Postpone lease agreement until after EIR completion on HCP development; 3. Locate facility to another park site. A MM A fIt Tlla —KTMO Lease Agreement VGM:cs 0 El NOTICE OF CANCELLATION OR NONRENE' I 7 KiNO OF POLICY. W UKITED STATES POSTAL SERVICE _ I S�nr Reee+ved From PO'!CY N� : t �- '�y 4b.4=fa.�- � 9 8 .RAhCE'` Insurance Company of the State. DATE OF MAWNG S_ Z84 —� MANY + of Pennsylvania r 'SS;ED THROUGH A5ENCY OR OFFICE AT 70 Pine Street 1,.- �� is . - 130 E. Randolph Drive New York, Neu York 10270 ,� J'�14 ' f Chicago, IL b01i01 One piece of ^,rCcnary mad aedlessed to ` �'` AND < XTSCA of Orange~ County ' ! ��•'�? 900 W. 17th St. Suite I1 - 'E:S Santa Ana, CA 92706 a1 E 16OdNT OF PtD,tCY s — R�D: to cM f! $ FCa USE AS A 'CER'IFICATE OF MA!.iNG" AS fROvi= iN SE: t "K 9]1 Of 7NE'DWOEST- ' , p;RAT!GN W4 WAN f bt I•R ;xef SF ANC NTtRNA' .1V A A C„ES k',T FMJ+OE FOR isSLN i - _ °<.� PET?ti PREMIUM i ck } WE hereby cancel the above meal cried pc'rcy issued to on ,n ac.oldarce A,!h the terms and cond^f:ons or h'e po'cy, YeL e,", theWo,e. pease 'axe nG ce '."a! at the exp +a':- of days '!GM, the rece.p! Of !his 7;01•Ge, unieSs Suffenler thereof t c5 Ce S: rt' trace tau Sa,. .F w re•r�..rate ard':ease !0 be ,r r. ce �1— Effect°ve 9=1-84 at ` n.x Y :2 A M S12nCard '!n'e we hereby me=' the above mentioned policy issued to ° --:p:'gib-a e-c u• raty 7-1-82 -r, ncc'ca .ce h'.!h the !e!!-s a 1 cc^C.t. ^S d+ tat pu:'.Y Prem!um Adjustment: t t = Pease 'et.;!- fhe po:'scy !o US h;lh fem!!arce of S Ll,c csed s S _. being amount of return pr^mium at :)e !g t1 a a"rc.'! o1 earned ;le,. 'M ro• ' me I has seer ," re*ce 'a'a +ape ran !f'e L^eFr !ed ;Elm Of 1h S pal.CY a! datE of car—e,:a! cr _. �1E e%:esS of pa.0 plem ,;m. .! any, above the pro rata prem om for As the p:err:a^+ Ca has not bren +ece;ved by it,,s '.c:*pary f;, +":s +"e ex;:'e9 ''me. n.! readeed, w be !ef,:aded upon dimand. ;r"fance !here 's 't:ane 10 be The herds upm defrand" do not apP.y In Kansas r WA, I— we Aeltby ..otrfy you that the above rre-!Cned p.° cy w.' ecp !e et .. vE_._ at noon _ 12:01 A.M- i !Standard Time, at the locator o' the pr;party ,rv.',ed. and the "n. cr w kJT CE rvev e-_^ f°R MT LX Replacement Insurance Information P cL are : r, b'e to obta n re 'ace-v' .cvera E Ira- arc+.ever ins,rnce ecT ..0 P y p g .pant• You may be ehg,bte for insurance thto..gN t'te organization dPs g,ared belcr+ For f,,then n+c^rat!cr, pease cz-ts.t ):;;, agvt cr broker cr !ne to .h ng orgar zat,v: California Pair Plan. Association 1930 Wilshire Blvd. Las Angeles, CA 90057 Consumer Report. In compliance with the Fa°r Credit Repolt+ng Act 'Pub" c Law 4 508yao a!e fureby informed that the action taken above is being taken who :y or partiy because of information cortaired En a consumer lepol; 'to- 1^e r.. ':.w,:.g cc^s: mer rep: rtvrg agency. Nwxc� 0 ,1111 r, .1EMEST . ATIV, Return To: * V CITY OF HUNTINsTON OCH CITY CLERK'S OFFICE P.O. Box 190 Huntington Beach, CA 92648 GROUND LEASE AGREEMENT THIS AGREEMENT to lease land (the "Least") is hereby made by and batween the CITY OF HUNTINGTON BEACH, a muniripai corporation of the State of California, whose address is Fast Office Box 190, Huntington Beach, California 92648, hereinafter referred to as LESSOR, and YMICA OF ?RANGE COUNTY - WEST ORANGE COUNTY BRANCH, a corporation of the State of California, whose address is 7262 Garfield Avenue, Huntington Beach, California 92648, hereinafter referred to as LESSEE, who covenant and agree as follows: 1. 'DEFINITIONS. For the purposes of this Lease, I ' �al the term "Land" means and refers to the land to be used for LESSEE facilities, parking, landscaping, signs and appurtenances at a location in Huntington Central Park to be mutually agreed upon by LESSOR and LESS The amount of said land under this Lease shall be four `A) acres or less. "'o the term "Improvements" means and refers to buildings and other structures, excavations, paving and landscaping and other improvements hereafter erected or placed upon the Land, plus all fixtures, including trade fixtures, attached thereto; (c) the term "Premises" means and refers to the Land and those Improvements located on the Land from time to time. (d) the term "Facility" means and refers to the facility for office, meeting, program and other usuai YMCA purposes. 2. OWNERSHIP OF LAND. LESSOR is the owner o' the Land located at Huntington Central Park, County of Orange. 3. LEASES, PROVISIONS INCOPORATED BY REFERENCE. LESSEE hereby leases the Land from LESSOR pursuant to the lease provisions attached hereto as Appendix A, and incorporated herein by reference. 1. j 4. PURPOSLOF ' .ETTING. The Land is IFt for* purpose of conbl:ruction ` FIZZ - S¢ Kdtc°e and use of a`YMCA facility thereon. 5. TERM. The tern- of this Lease is 50 years to comrrnence on the date of issuance of a Certificate of Occr :ncy by the City of Huntington Beach in its governmental capacity. The parties agree to negotiate in good fal.th at the con^fusion of the term for on extension thereof. 6. RENT. The rent 'or the Land shall '.e One Thoasand Dollars ($1,000) per month. At the end of every three-year period ""Adjustment Period") during the Term, the rent shall be adjusted upward only to take into account changes in the cost of living during the Adjustment Period as reflected by changes in the Consumer Price Index, Los Angeles -Long Beach -Anaheim a-e=., for all urban consumers, all items '1967=100 , as published by the United .States Department of Labor's Bureau of Labor Statistics; provided, however, that an increase in any Adjustment Period shall never exceeJ twenty percent ;MVe of thy; rent tui the previous .Ad:ustn,ent Period and in no case shall the rental be reduced as a result of a change in the cost of living in any AdjuMment Period. IN WITNES NF47R`OF the parties hereto have executed this Agreement on the day, rr::mth and year appearing b•:Iow. DATE©:p�^/G , 1982 2. �j ATTEST:_ City Clerk /REV ND APPctOV D City Adrdinistllator✓ CITY OF HUNTINGTON BEACH, a m77.ipai corpo .ia Mayor APPROVED AS TO FORM: ity Attorn INITI.!N,T D AND APPR ED: i irector of ommtmity Services 'YMCA OF ORNq lyOjJNTY By eith W. Renken, Chairman of the Board By -7�L— - e ��-4 Georg- E cl Ter, President ;3. APPENDIX A 1. RENT: Rent is to accrue immediately after date of is_jance of a Certificate of Occupancy by the City of Huntington Beach in its oovernmental capacity. Rent shall become due and payable for the entire succeeding month on the first day of each month after the obligation to pay rent accrues. Should the obligation to pay rent accrue after some portion of a month has passed, the rent {ox the remaining portion of the month shall be assessed on a pro rata basis. If any rental payment is not made within thirty 00) days of the due date as herein provided, a late charge of ten percent'10°6; of the amount of each rental payment shall be assessed on the day following the date such rental payment becomes delinquent. 2. CONSTRUCTION: �a` LESSEE shall construct, at its sole expense, a facility for office, meeting, program &nd other usual YMCA purposes :sometimes referred to as the "Fac itity" ;_. b� LESSEE shall be given three ',3,` years to begin construction of the Facility. Should construction and occupancy be completed before this three (3) year time period expires, rental payments on the property shal• become immedirtely due and payable, but only after issuance of the Certificate of Occupancy. °.c'' LESSF`_F- shall bear the cost of instbilation and connection of all utilities to the Facility as we!1 as the monthly billings. (a% To min,:ide with the completion of the Facility construction, LESSEE shall constrwit and complete a parking lot on the land aajacent o said Facility as provided for herein. Appendix A, Page 1 (e) Condition of ,Major Construction: (1) Introductory Clause - Before any major work of construction.., alteration or repair is commenced on the Facility, and before any building mate:lals have been delivered to the Premises by LESSEE or under LESSEE's authority, LESSEE shall comply with all the following conditions or procure LESSOR's written waiver of the condition or conditions specified in the waiver. (2) Plans and Specifications Deh,ery to LESSOR - Deliver to LESSOR's City Engineer for LESSOR s approval, eight (8') sets of preliminary construction plans and specifications, prepared by an architect or engineer licensed to practice as such in the State of California, including but not limited to preliminary grading and drainaga plans, soil tests, utilities, sewer and service connections, locations of ingress and egress to and from public thoroughfares, --urbs, gutters, parkwa,rs, street lighting, designs and locations for outdoor signs, storage areas and landscaping, all sufficient to enable potential contractors and subcontractors to r,,ake reas-3nably eccurate bid estimates and to enable LESSOR to make an informed judgment about the desig i and quality of construction and about any effect on the reversion. All Improvements she a constructed within the exterior property lines of the Premises; provided that required work beyond the Premises on utilities, access and conditional --,se requirements do not violate this provision. With the plans, LESSEE shall deliver 1-n I.i=SSOR the certificate of tie person or persons who prepared the plans and specifications certifying that LESSi-E has fully paid for them or waiving payment and waiving any right to a lien fa^ preparing tl ern. (iI) Ll"SSOR's Approval - LESSOR sha!1 not unreasonably disapprove preliminary plans and specifications. Approval or disapproval shall be communicated in the manner provided for notices and disapproval shall be accompanled by Appendix A, Page 2 specification of the grounds for disapproval; provided that LESSOR'S falture to disapprove within forty-five (145) days after delivery to LESSOR stall be conclusively considered to be approval. LESSEE shall not deliver working drawings to any governmental body for a buildiny permit until preliminary plans are approved as in this paragr' ph. Following LESSOR's first or any subsequent disapproval, LESSEE may elect U) to submit revised plans and specifications er (2) t-) give notice contesting the reasonableness of LESSOR's disapproval. A contest of reasonableness shalt be determined in accordance with the terms of Arti,�Ie 23 below. If the reasonableness of LESSOR's disapproval is sustained, LESSEE shall perform as in '1) above; if it is not sustained, the plans and spt�_ifications shall be considered approved. 'Jii) LENDER'S Approval - Deliver to LESSOR's City Engineer the written approval of the plans and specifications by the financial institution that shall have made the commitment for financing the construction. ;iv) Final Plans, Specifications - LESSEE shall prepare final working plans and specifications substantially conforming to preliminary plans previously approved by LESSOR, submit them to the appropriate governmental agencies for approval and deliver to LESSOR eight 'T. complete sets as approved by the governmental agencies. Changes from the preliminary plans shall be considered to be within the sr'ope of the preliminary plan, if they are not substantial or if the,,, are ;-Wade to comply with suggestioria, requests or regaairernents of a governmental . genLy .;r official in connection with the application fo: permit or approval, and if they do not Gepart substantially in size, utility or value frond the minimurn requi-emer.ts of LESSOR. (3) Notice of Intent to Construct Notify LE35OR's City Engineer of LESSFE's intention to commence a work of Improvement at least 30 day; bbfom commencement of any such work dr delivery of any materials. Tne notice shall specify the approximate location and pendix A, Page 3 nature of the intended Improvements. LESSOR shall have the ri.jht to post and maintain on the Premises any notices of nonresponsibility provided for under applicable law and to inspect the Premises in relation to the construction at all reasonable times. (4) Lessor's Approval of General Contractor Furnish LESSOR's City Engineer with a true copy of LESSEE's contract with Lhe general _ontractor and with evidence of the general contractor's financlsl condition for LESSOR's approval. The contract shall give LESSOR the right but not theo!;Iigation to assume LESSEE's obligation and rights under that contract if LESSEE should default. LESSOR may disapprove by notice given within t}-'-ty ,30" days follow-ng delivery of t.hs ,opy of 'hp contract. The notice shall specify grountw for disapproval. LESSOR shall not unreasonably disapprove end shalt be con_ Jered to have approved in the abjenc of notice of .11sapprovai given within thirty 130' days after LESSEE furnishes the contract and evidence specified above. If LESSEE elects to act as general contractor, reference above to ccntra.t and evidence shall be considered to apply to the subcontractor of each subcontract in excess of $500,000. 5 Approval of Construction Interim` Financing ,t) Documentation - (Deliver to LESSOR's .City Engineer true copies of al'_ dorut,�ents: to evidence the c:jrnn-titnnent of finan.-ing for any new construction. "Financing" includes bath the construction �2.r interim" firammng and the take-out (also called permanent or long-term'# loan. LESSOR may requi;a by notice that nn construction commence until the take-out financing is firmly committed but may disapprove the financing only if it violates an express provismn of this Lease. ;ii) LESSi R's Right ►x; Ass,a,re LESSEE's Financing - LESSOR shall have the right but not the obligation to assume i_ESSEE's financing for any Improvements art the Premises. LESSEE shall cause the lenaer to execute all Appen.iix A, Page 4 0 documentation facilitative of this right. LESSOR'a e-,.ercise of this right shall not constitute a waiver of any other right LESSOR may have against LESSEE, any surety or guarantor, or anyone else. 6 Assurance of Completion Completion Bond or Voucher System - Furnish LESSOR a band as described below if, and promptly after, LESSOR gives notice of demand within 30 days after LESSEE ss complied with all the foregoing conditions of major construction. The bond shall be that of a re�pGnsible surety company, H sensed to do business in California, in an amount not less than the construction cratral_t value and shall remain in effect until the entire cost of the work shall have been paid in full and the new Improvements shall have been insured as provided in this Lease. The bond shall state the followings a That it is conditioned to secure the completion of the proposed construction, free from all liens and claims of contractors, subcontractors, mechanics, laborers and materialmen for six months following commencement of occupancy; 'b` That the construction work shall b, , 11 by LESSEE, the general contractor, or, on their default, the surety; r, That in default of su&. xornpletion a *nt, such part of the amount of the bond as shall be renuiref to complete: tha c ;,,w:i be paid to LESSOR as liquidated and agmed damages for the ncnperforma- t_'6 agreements, it being agreed thet the exa^t amount of LESSOR'i damages - ,Ult and impractical to ascertain; and d; That the surety will defend and indemnify LESSOR against all loss, cost, damage, expense and liability arising out of or connected with the work of Improvement. LESSOR may, but shall not unreasonably, disapprove the band. Appendix A, Page 5 The. bond shall be deemed approved unless nonce of disapproval is given within 30 working days after receipt of the proposed bond. +ii` Approval of Disbursements as an Alternate to the Furnishing by LESSEE of a Completion Bond - LESSOR shall have the right to approve of the method of disbuming the construction loan f,+nds during the period of construction and may monitor such d;sbursements to insure itself that not liens are asserted against its fee ownership or the leasehold. r evernmental Permits and detiter to LESSOR's City Engineer at LESSEE's expense evidence of compliance with all then applicable codes, ordinances, regulations and requirements for permits and approva'-, inciuing but not restricted to a grading permit, building permits, zoning and planri.,ig requirements and approvals from various governmental agencies and bodies having wrisdiction; provided, however, that the Environmental Impact Repnrt EIR for the Facility shall be at the sale cost and expense of the LESSOR. 8 Builder's Risk and Other Insurance Deliver In LF',SSOR's .ity Engineer 1' certificates of insurance evidencing coverage for "builder's risk", ,Z, evidence of workers' compensation insurance covering ali pt..-sons employed in connection with the wuck and with respect to whom death or bodily injury claims could be asserted against LESSOR orthe Premises, and ;3) evidence thaC LESSEE has paid of causea to be paid at, premiums for the coverage described above in this paragraph and any increase in oremiums on insurance provided for in Article 10 below, suff cent to assure naintenanre a' all insurance above during the anticipated course of the work. LESSEE shall maintain keep ir, fore and pay all premiums required to maintain :end keep in force all insurance above at all times during which such work i in progress. Appendix A, Page 6 0 0 3. COMPLETION. ,a gilieent Prosecution to Completion. Once the work is begun, LESSEE shall with reasonable diligence prosecute to completion all construction of improvements, additions or alterations. Construction required at the inception of this Lease shall be completed and ready for use within three years after commencement of construction, provided that the time for completion shall be extended for as long as LESSEE shall be prevented from completing the construction by delays beyond LESSEE's control; but failure, regardless of cause, to complete construction within sip, years following the commencement date of this Lease shall, at LESSOR's election exercised by notice, terminate this Lease. All work shall be performed in a good and workmanlike manner, shall substantir.Ily comply with plans and specifications submitted to i_1=SSOR as required by this Lease and shall comply with all applicable government permits, laws, ordinances and regulations. 'V Protection of LESSOR Against ost of claim. LESSEE shall pay or cause to be paid the total cost and expense of all works of improvements, as that phrase is defined in the Mechanics' Lien Lm-i in effect at the plane of ,--onstructlo.i ,when the work begins. No such payment shall be construed as rent. LESSEE shall not suffor or permit to be enforced against toe premises or any part of it any mechanic-'s, materialman's, contractor's, cr subcontractor's lien arisin-1 from any work of improvement, however it may arise. However, LESS$_c may in good faith and at LE` SE,E's own expense contest the validi'Ly of any such asserted lien, :laim, or demand, provided LESSEE has furnished the bond required in California Civil Code Section 3143 flor any comparable statute hereafter enactea for providing a bond freeing the Premises from the effect of such a lien claim). Appendix A, Page 7 11 LESSEE shall defend and indemnify LESSOR against all liability and loss of any type arising ou of work performed on the Premises by LESSEE, together with reasonable attorneys' fees and all costs and expenses incurred by LESSOR in negotiating, settling, defending or otherwise protecting against such claims. se, Notice of Changes in Plans. On completion: of anj lropr• )vement, LESSEE_ shall give LESSOR's City Engineer notice of all changes in ,plans or specifications made during the course of the work. LESSOR acknowledges that it is common practice in the construction industry to make numerous changes during the course if construction on substantia: projects. Changes that do not substantially alter plans and specifications previously approved b� LESSOR do not constitute a breaci of LESSEE's ooligations. 4. RELIEF FOR SUBSTANTIAL LOSS OF AREA: If any damage to or destruction of the Premises or the Improvements is such that fifty percent "50%'," of the area is rendered unusable for purposes stated in this Lease, LESSEE may, at LESSEE's election, delay the work required above for rat to exceed six'W' months. Nothing contained in this Article 4 shalt be construed to negate or modify any provision of this 1-ease rriating to damage or destruction during the final year's) of the Term. 5. RIGHT TO CONTE:ST GOVERNMENTAL ORDER: LESSEE has the right to contest by appropriate judicial or administrative proceedings, without cost or expense to U SSOR, the validity or application of any law, ordinance, order, rule, regulation or requirement ;hereafter called 1,.w) that LESSEE repair, maintain, alter or replace the Improvements in whole or in part and ' rSSEE shall not be in default for fa:Iing to do such wcrk until a reasonable time following final determination of LESSf:E's contest. If LESSOR gives notice of requeut, LESSEE shall firs;. furnish LESSOR a bond, satisfactoty to LESSOR in form, amount and ins =.-+r, guarpnteeing compliance by LESSEE with the contested law and indemnifying LESSOR Appendix, A, Page 8 against all liability that LESSOR may austain by reason of LESSEE's failure or delay in complying wide the 19w. LESSOR may, but is not required to, contest arty such law independently of LESSEE. LESSOR may, and on LESSEE's notice of request shall, join in LESSEE's contest. 6. PARKING FACILITY: LESSEE shall construct on the Premises and adjacent to the Facility a parking lot with spaces not less than required to cover City's parking ordinance although additional spaces may be added with LESSOR's approval. LESSOR, at their expense, .may add more spaces to the parking tot to satisfy park needs. The cost of th6 -larking lot shall be divided between LESSOR and LESSEE on a percentage basis. LESSEC's percentage shall be calculated by taking the total :lumber of parking spaces divided into the nurnber of parking spaces required by the wity's parking ordinancc ,plo- i�iitional LESSEE spaces if any for LESSEE's Facility �"LCSSEE's Percentage"'' and multiplying the quotient obtained by the cost of the parking lot. LESSOR shall pay to the LESSEE the difference between the total cost of the parking lot and the Ll_SS"-:E's share as described above. The cost of maintenance of the parking lot shall be bome 5y both parties or, a percentage basis with LESSEE paying the product obtained by multiplying the cost of maintenance by the LESSEE's Percentage. 7. INDFMNIFI(IATI�',.)N, W )l.D NAWML.ESS', 1EFE.NSE.: LESSEE ,shall defend, indemnify and hold harmless LESSOR, its officers, agents and employees, from and against ar,y and all liability, damages, costs, losses, claims and e;cpenses, however caused, resulting directly or fndirEctly from or . onnected with LESSEE's performance of this Lease ',including buZ ncc limited to such liability, cost, damage, loss,, claim or expense arising from the death of or injury to an agent or employee of LESSEE, subcontractor, or of LESSOR or of an} agent or employee of LESSEE, subcontractor, or LESS.,, except where such liability, damages, coats, losses, claims or Appendix A, Page 9 0 axpunses are ca : ; sole;v by the negligent or wrongful acts of LESSOR or any of its agents or employees includim negligent omissions or commissions of LESSOR, its agents or employees, in connection with the general supervision or direction of the work to be performed hereunder. 8. INSURANCE: During the entire Term of this Lease, LESSEE shall maintain in full force and effect the following contracts of insurance acceptable in form to the City attorney and a certificate or certificates evidencing such insuranc,* shall be furnished to LESSOR prior to LESSOR's execution of this Agreement: 1 Liability. A general iiabiiity insurance policy in which LESSOR, its officers and employees are names; as additionally insured, insuring LESSEE, it officers and an, p loyees, while acting within the scope of their duties, against all claims arising out of or in connection with services performed under this Agreement. Such policy shall provide for coverage of not less than the following amounts: combined single lirnit bodily injury and/or property dama;9 of $1,000,000 per orcurrence. .Additionally, the policy of insurance shall specifically provide that any other insurance carried by LESSOR which may be applicable shall be deemed excess and !_E'SSEE's insurance primary despite any conilict;ng provisions in LESS1�-E='s policy to the contrary. b) Fire. A standard broad fire insurance policy covering the Premises in which any and all losses are made payable to LESSOFL The face amount cf said policy shall be mahit.,ained at the replacement cost of the Improvements and be in a form acceptable to the City Attom-,;. The proceeds from any fire insurance proceeds paid to the LESSW shall be used to repair the Premises to its existing condition prior to said fire loss. ,,c° Workers' Compensation. LESSEE, in the performance of this Lease, will comply with all of tl>A applicable provisions of the Workers' Compensation Insurance Appendix A. Page 10 . 0 0 and Safety Act of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless LESSOR from and against any and all claims, demands, payments, suits, actions, proceedings anti Judgments of every nature and description, including attorneys' fees and costs, presented, brought or recovered against LESSOR, for or on account of any liability under any of said acts which may be incurred which arises out of the performance of th?s Lease. 9. CARE AND INSPECTION nF PR-I-MISES/WASTE LESSEE shall at all times rnaintvin the Premises in conformity with all state and local laws and regulations. At all times during the term of this Lease, LESSEE, at its own cost and expense, shall keep and maintain all outside areas of the Premises in a n._ t, clean and orderly condition, free from trash and rubbish, and shall maintain the exterior and interior of the Facility in goG-d condition and repair ;which repair includes replacement of glass), and appropriately painted. LESSOR, through its authorized officers, agents or employees shall have the right to enter the premises at all asonable times to view the state v nd condition thereof or the conduct of LESSE E's business. LESSEE shall not suffer, cause or perrnit waste on the Premises or any part thereof in any manner whatsoever and LESSEE shall s,ive and hold harmless LESSOR from any injury -or damage to the Premises caused by LESSEE, it officers, ag :nts or employees. The right to damages from wastes or iniL , ;rising from this Article 9 is separate from any responsibility or liability for bodi" injury or for property damage caused by third parties, against which LESSEE holds LESSOR harmless under indemnification provisions of this Lease. 10. ASSIGNMENT OR SUBLEASE: The interest of the LESSEE in the Premises or the leasehold may not be transferred, assigned, sublet, licensed or otherwise conveyed voluntarily or involuntarily -appendix A, Page 11 I : * 1.,- 0 by LESSEE without the prior written consent of LESSOR, which consent shall not be unreasonably withheld. The merger or restructure of YMCA of Orange County shall not be deemed subject to this Article 10. Any attempt of the LESSEE to violate this covenant to assign this Lease, without such prior written consent shall constitute a breach of this Lease and LESSOR may at its option terminate this Lease and re-enter and reoccupy the Premises. 11. TAXES: Nothing in this Lease Agreement shall be construed to relieve LESSEE of any obligation to pay any federal, state, county or local license tax or tax which n.sy be imposed or payable by reason of any statute or ordinance, and LESSEE agrees to pay promptly all licenses and taxes and other lawful charges that are imposed by any governmental body or agency including the pow-ssory interest tax imposed upon LESSEE's use of the premises. Further, nothing in this Agreement shall be construed as relieving LESSEE of any obligation to obtain and pay any fees for pernits or licenses which may be required by the City of Huntington Beata which :s imposed by any ordinance or resolution of the City. E2. DEFAULT, ABANDONMENT, BRIG"- :JF RE-ENTRY: Time and each of the terms; covenants and conditions hereof arc expressly made the essence of this Agreement. If LESSEE shall fail to comply with any of 'he terms, covenarits or conditions of this Agreement, including the payment of the rentals herein reserved at the time and in tl e amounts herein required, and shall fail to remedy such default within thirty !30 < days after service of a written notice from LESSOR so to do if the default may be cured by the payment of money, or commence in good faith to remedy any other default within thi- y v30;> days and thereafter diligently prosecute the same to completion, or if LESSEE shall abandon or vacate the Premises, LESSOR may, at its optioru, and without prior notice or demand, terminate this Lease and enter upon the P^emises and Appendix A, Page 12 take possession thereof and remove all persons therefrom with or without process of law. Upon such termination, LESSEE shall have no further rights hereunder, and all Improvements shall become the property of LESSOR. 13. CONDEMNATION: Via` Definitions of Terms, 1) "Taking" rneans a taking of the Premises or an interest UerLin pursuant to, or damage related to the exercise of, the power of condemnation and includes a voluntary conveyance to any agency, authority, public utility, person or corporate entity empowered to condemn property in lieu of court proceedings; ,2) "Total Taking" means a Taking of the entire Premixes or se much of the Premises as to prevent or substantially impair the use thereof by LESSEE for the uses provided in this Lease; 3 "Partial Taking" ;Weans a Taking of only a porticn of the Premises that does not cot: titute a Total Taking; 14) "Date of Taking" means the date upon which title to the Premises, an interest therein, or a portion thereof passes to and vests in the condemnor, the date damage related to the exercise of the power of condemnation is suffered, or the effective date of any order for possession if that order is issued prior to the date title vests in the condemnor; °5 "Award" means the amount of any award made, compensation paid. or damages ordered as a result of a Taking; 6; "Total Temporary Taking" means a Total Taking for a temporary term; and temporary term. 7 "Partial Temporary Taking" means a Partial Taking for a Appendix A, Page 13 ;t) Ri hfis LESSOR and LESSEE agree that, in the event of a Taking, all rights betw: sn them and in and to an Award shall be as set forth herein, and LESSEE and LESSOR shall have no right to any Award except as set forth herein. ic) Total Taking In the event of a Total Taking during the Term, (1) the rights of LESSEE under this Lease and the leasenold estate of LESSEE in and to the Land shall cease and terminate as of the Date of Taking, f2) LESSOR shall refund to LESSEE any prepaid rent prorated as of the Date of Taking, ;3) LESSEE shall pay to LESSOR any rent or other sums due to LESSOR under this Lease prorated as of the Drte of Taking, (4) LESSEE shall receive frorr the Award those portions of the Award that are attributaoie to the value of, and paid as compensation for, LESSEE's interest in the Improvements, and '511 the remainder of :he Award shall be allocated between LESSOR and LESSEE as follows: LESSEc' for the value of the Improvements; to LESSOR for the fee value of the Land; and the balance of the Award between LESSOR and LESSEE as their interest shall appear. The value of the Improvement in this context shall mean an amount equal to the replacement cost of said Improvements less depreciated value as of the date the Taking is to be effective. In the event the parties cannot agree upon the depreciated value of the Improvements, such value will be determined by an independent appraiser appointed by, and satisfactory to LESSOR and LESSE—K. The expense of such appraisal shall ba bome equally by both parties. In the event the parties shall not agree upon said arpralser, the dispute shall be handled as described in Article 23 below. (d) Partial Takinn In the event of a Partial Taking during the Term, (1) the rights of LESSEE under this Lease and the leasehold estate of LESSEE in and to the portion of the Land taken -ahall cease and terminate as of the Date of Taking, 2) from and after the date of Taking tho Monthly Rental shall be adjusted to be equal to the product obtained Appendix A, Page 14 by multiplying the Akan hly Rental stated in this lease by the quotient obtained b%r dividing the fair market value of the Land after the Taking by the fair market vale of thr Land prior to the Taking, (3) LESSEE shall receive from Lhe Award those portions of the Award that are attributable to the value of, and paid as compensation for, LESSEE's interest in the Future Improvements, (4) the remainder of the Award shall be allocate between LESSOR and LESSEE as follows: to LESSEE for the value of the Improvements as defined in Article 13(c) above; to LESSOR for the fee value of the Land; and the balance of the award between LESSOR and LESSEE as their interest shall appear; and (5; LESSEE agrees to use whatever severance damages it receives by reason of the Partial Taking of Improvements, but not of the Land, to pay the cost of enclosing, if necessary after all severance damages received by LESSOR have been expended to pay the cost of enclosing, any Improvement that is a part of the portion that is not so taken if the Partial Taking caused such Improvement to be no longer fully enclosed, provided that such severance damages are available to LESSOR and are not taken by a mortgagee under a mortgage or beneficiary of a deed of trust encumbers-ig the Land. ie) Temporary Taking In the event of a Total or Partial Temporary faking cluring the Term 'or a period ending on or before the expiration of the Term. (li this Lease shall continue in full force and effect, except the rent shall abate during the period of same to the extent of the Taking; (2) tht portion of the Award attributable to the rental value of the Land for the period of the Tot€.1 or Partial Temporary Taking shall be paid to LESSOR and credited by LESSOR t_ the Mu.-thly Rental and other sums that become due during the period of the Total or Partial Tempora-y''aking; and 3) any excess of the Award shall be paid to LESSEE. 14, HYF OTHECATION: There shall be nn nypotheration of the leasehold interest of the LESSEE without the prior written c,insent of the LESSOR. Any such consent shall not be in any Appendix A, Page 15 manner deemed to be a Aer of anv future rioht of the LESS*to anorove an additional hypothecation. It ;, n the contemplation of the parties that in order to obtzin funds to construct the Facility, t�,e LESSEE may be required to pledge, mortgage or otherwise hypothecate its leasehold interest in some reasonable amount which is not foreseeable to the parties at the time of the execution hereof. The consent to hypothecate which is required by this part shall not be unreasonably withheld and any such consent shall provide that the lender or its designee shall receive all notices of default and shall have the right to cure any defaults which may be cured ' v bne payment of money and that in the event that noncurable defaults occur that LESSOR agrees that it will take and hold the leasehold and not cause the leasehold to merge with its fee ownership and at its sole option will operate or relet the Premises or allow the lender to designate who shall be the tenant under this Lease. 15. ALTERATIONS, ADDITIONS AND TRADE FIXTURES: LESSEE shall make no alterations, additions or improvern -y kind to the exterior of the Facility and no major alteration to the interior 1. -irier written consent of LESSOR, which consent shall not be unreasonably w:, r Major alterations mean cori truction costs of more than five pervent y5%? of the va,Je of the Facility. All alterations, additions or improvements shall, at the option of LESSOR, either become a part of the realty and the property of LESSOR and remain upon and be surrendered with the Premises at the expiration or terrninat'on of the Term, or be deemed trade fixtures that LESSOR may require LESSEE to remove at the expiration or termination of the Term as hereinafter provided, with s_ESSEE being obligated to return the Facility to its condition as originally constructed. All articles of personal property and trade fixtures installed by LESSEE at the Premises shall be and remain the property of LESSEE, may be removed by LESSEE at any time during the Term when LESSEE is not in default under this Lease, and shall be ;emoved by LESSEE pi, aptly Appendix A, Page 16 after LESSOR requests such removal at any time after the expiration or termination of the Term, provided that LESSEE shall forthwith repair, at its sole cost and expense, any damage or injury to the Premises caused by such removal, including without limitation repairing the floor and floor coverings and painting the walls. 16. QUIET ENJOYMENT Upon LESSEE paying the fixed rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on LESSEE`s pa:t to be observed and performed hereunder, LESSEE shall have quiet possession of the Premises for the entire Term hereof subject to all of the provisions of this Lease. 17. USE OF PREMISES - FEES AND CHARGES: `a) Permitted Uses LESSEE shall use the Premises only for the usual anJ customary recreational services and facilities provided by the YMCA, including but not limited to athletic facilities, food and beverage services, cultural facilities and services and other facilities, services, commodities associated thereto. ;b� Reasonable Fees and Charges Reasonable fees and charges comparable to those charged at like facilities and for like services vnthin Orange County may be charged for the services provided and for the use of 4he Facility by the LESSEE. All facilities and servic sail be open and availahle for use by the general public and all public accommodations laws and regulations will be observed. 18. COMPLIANCE WITH LAW: LESSEE agrees 'I) to comply at its sole cost and expense with the requirements of all municipal, state, federal and other governmental authorities now or hereafter in force, whether by statute, ordinance., rule, regulation or judicial or administrative order, decree or judgment, or otherwise, and with the requirements of an, Appendix A, Page 17 board Pf fire underwriters or other similar body now or hereafter constituted relating to or affecting the condition, use or occupancy of the Premises and (2) to make at its sole cost and expense any additions to, deletions from, or changes in the Premises of whatever nature, including, but not limited to, structural additions, deletions or changes, necessary to comply with such requirements. LESSEE agrees that the judgment of any court of competent jurisdiction or the admission by LESSEE in any action in which LESSEE is a party, whether or not LESSOR may be a p,.rty thereto, that LESSEE has violated such requirement shall be conclusive of the fact as between LESSOR and LESSEE. 19. DAMAGE, CANCEL-LATION': If the Facility shall be substantially damaged, the LESSEE shall have the option of repairing, replacing or removing said Facility. If bie election to remove is made, LESSEE shall give sixty (60) days written notice of such election which shall constitute a terir, nation, of this Lease. 20. DELIVERIES: LESSOR will approve the days and times deliveries may be made by any person, LESSEE or LESSE_E's employees. To enable LESSEE to have access upon LESSOR's property, LESSEE must have written consent from LESSOR. 21. SEC URI`IN DEPOSIT: LESSEE shall provide LESSOR with a Two Thousand Dollars ($2,000) deposit, payble to LESSOR, with the interest being paid to the LESSEE to be approved by the City Treasurer, to be used by LESSOR to repair and maintain the Premises upon LESSEE's noncompliance with LESSOR's written notice. Within fifteEri 15) days of LESSOR's written notice to LESSEE that the required work has been completed, LESSEE shall provide LESSOR with such sums of cash so as to maintain the Two Thousand Dollars ($2,000) deposit. If the cash N not received, LESSOR will use the deposit and LESSEE Appendix A, Page 18 shall provide a new denosit of Two Thousand Dollars ($2,000) within fifteen'.15; days after deposit has been used. If, at the conclusion of the Term, any sums remain on deposit, they shall be refunded to LESSEE. 22. HO-JRS: LESSEE shall provide service to the public and remain oper for ousiness such hours as best serve the public. LESSEE's schedule of the hours when such serices are provided shall be submitted to LESSOR's ,City Administrator or his designee for prior written approval, which approval shall not be unreasonably withheld, and any changes or deviations to such schedule thereafter must 5e approved in writing by the C ity Administrator. 23. ARBITRATION OF DISPUTES: All disputes arising under this Lease shall be resolved by arbitration. The arbitrators shall be bound by the terms and provisions of this Lease. mules of the American .Arbitration Association shall apply. Within ten days after notice to the other party of a dispute requiring arbitration each party shall nominate an arbitrator and each of those chosen shall select a third. The resultant award shall be final and binding. 24. REVERSION OF FACILITY: At the end of tha Term the LESSOR shall have the option to require the LESSEE to remove the Facility and to restore the I -and to its original condition or to take possession of the Facility in good condition, reasonable wear and tear excepted. Appendix A, Passe 19