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Home My WebLink AboutFOUNTAIN VALLEY SCHOOL DISTRICT - 2006-07-032006 JUR 21 ''� l� 4: 35 Council/Agency Meeting Held: 3 D.6 ea i { c '' `� ..'l1 _ ` .11 i up Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied ity le 's gnature Council Meeting Date: 7/3/2006 Department I umber: CS06-014 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR ANDQITY COUNCIL SUBMITTED BY: PE 6P�EUL—RETH-GF DPA, CITY ADMINISTR TOR PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERViC SUBJECT: APPROVE LICENSE AGREEMENT WITH FOUNTAI ALLEY SCHOOL DISTRICT FOR USE OF PORTION OF SCHOOL DISTRICT PROPERTY Etatment of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: There is a need to enter into a License Agreement with the Fountain Valley School District for the use of 2.5 acres of Wardlow School property on a temporary basis for parking and restroom/food concession for Huntington Valley Little League. Funding Source: $1/year fee to be paid from Community Services Account No. 10045401.70300. Recommended Action: Motion to: Authorize the Mayor and City Clerk to execute the License Agreement between Fountain Valley School District and City of Huntington Beach (Use of Portion of Wardlow Property). Alternative Action(s): Do not approve entering into a License Agreement with the Fountain Valley School District for use of a portion of Wardlow School thereby potentially impacting adjacent neighborhood with parked vehicles from people attending Little League games. Analysis: On September 19, 2005 City Council approved purchase of six acres of Wardlow School from Fountain Valley School District under the Naylor Act. These six acres are the field space currently utilized by the Huntington Valley Little League, but did not include a portion of the school being used by the little league for parking and restroom/food concession. The city is working with the little league to reconfigure a portion of the six acres of Wardlow School as well as the adjacent Wardlow Park property to accommodate additional parking. The school district has agreed to lease to the city the use of 2.5 acres on the east side of the little league fields on an interim basis until the remainder of the school site is sold and redeveloped. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER: CS06-014 By entering into a license agreement (Attachment 1) with the Fountain Valley School District to utilize this acreage for parking, potential impacts to the residential neighborhood are minimized. Therefore staff is recommending that Council approve the License Agreement for $1 per year. Environmental Status: N/A Attachment(s): -2- 6/12/2006 7:50 AM ATTACHMENT #1 LICENSE AGREEMENT BETWEEN FOUNTAIN VALLEY SCHOOL DISTRICT AND CITY OF HUNTINGTON BEACH (USE OF PORTION OF WARDLOW PROPERTY) THIS LICENSE AGREEMENT ("License") is approved and entered into as of t LL_ 03, 2000, by and between FOUNTAIN VALLEY SCHOOL DISTRICT (the "LICENSOR") and CITY OF HUNTINGTON BEACH (the "LICENSEE"). LICENSOR and LICENSEE are sometimes hereinafter referred to individually as a Party and collectively as the Parties. RECITALS A. WHEREAS, LICENSOR previously owned certain real property consisting of approximately 14.354 acres known as the Wardlow Property, located at 9191 Pioneer Drive, City of Huntington Beach, California ("Wardlow Property"); B. WHEREAS, LICENSEE has purchased a 6.0 acre portion of the Wardlow Property for the purposes of maintaining open space and recreation areas, including little league fields ("City Property"); C. WHEREAS, LICENSOR has retained the 8.354 acre remainder portion of the Wardlow Property ("District Property"); D. WHEREAS, City Property lacks adequate parking, snack bar and restroom facilities; E. WHEREAS, a portion of the District Property has adequate space for parking, and existing snack bar and restroom facilities, and adjoins said City Property; F. WHEREAS, LICENSEE desires to utilize an approximately 2.5 acre portion of District Property, which is described more fully in the attached Exhibit "A" and which is fully incorporated herein by this reference ("License Property"), for the purposes of temporary use of said parking space, snack bar and restroom facilities; G. WHEREAS, LICENSOR, as a courtesy to LICENSEE, has agreed to provide for the use of the Licensed Property, subject to the terms and conditions set forth in this License. AGREEMENT NOW, THEREFORE, the Parties hereto for the consideration hereinafter expressed, covenant and agree as follows: 005633.00013/560412v 1 Section 1. Grant of License and Use of License Property. In consideration of the Fee, LICENSOR grants a non-exclusive license to LICENSEE to use the License y for the purposes of use during sporting events and activities by LICENSEE's ,ees and invitees ("License"). Use of the License Property by LICENSEE (including SEE's employees and invitees) at any other time is prohibited without the express written ;ion from the LICENSOR. ion 2. License Fee. The fee for said use of the License Property by LICENSEE the receipt of which is acknowledged by the Parties hereto. Section 3. Term. Subject to Section 6 of this License, this License shall remain ;ive from the date of execution of this License until either i) the District no longer owns the Lse Property or the District Property, or ii) one year has elapsed from the date of execution is License, whichever occurs first. This License may be renewed for such periods as set by the LICENSOR, in its sole discretion. Section 4. Conditions of Use. (a) Maintenance of District Property. LICENSEE shall be responsible for and shall y for any repairs or replacements of any character whatsoever which are occasioned or are ide necessary by reason of the negligence or misuse of the License Property by LICENSEE's ipployees or invitees. In the event that LICENSEE fails to maintain or repair the License gperty, LICENSOR may, at LICENSOR's sole discretion, undertake any maintenance or yair of the License Property and LICENSEE shall reimburse LICENSOR for the costs of such .)airs or maintenance within thirty (30) days of invoice by LICENSOR. (b) Clean-up of District Property. LICENSEE shall be responsible for the full and plete clean up of the License Property at the close of each and every day. In the event that ENSEE fails to clean up and maintain the District Property, LICENSOR may, at ENSOR's sole discretion, undertake any clean up or maintenance of the License Property LICENSEE shall reimburse LICENSOR for the costs of such clean up or maintenance in thirty (30) days of invoice by LICENSOR. (c) Non -Interference with District Activities. It is further agreed that this License fall not grant LICENSEE the right to interfere with any District activities of LICENSOR. (d) Conduct of LICENSEE, Employees and Invitees. It is further agreed that t4SEE shall insure that all employees, invitees, and all others in attendance will adhere to r standards of public conduct. There is to be no consumption of intoxicating liquors or controlled substances, smoking, gambling, quarreling, fighting, use of profane language, or ant exposure on or near the License Property. (e) Insurance. (i) Public Liability and Property Damage. LICENSEE agrees to in full force and effect throughout the duration of the License a suitable policy or of public liability and property damage insurance, insuring against all bodily injury, damage, personal injury, and other loss or liability caused by or connected with 005633.00013 56 12v1 policies of public liability and property damage insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with LICENSEE's use of the License Property under this License. Such insurance shall be in amounts not less than $1,000,000 per occurrence; $3,000,000 for general aggregate and $1,000,000 for property damage. (ii) Automobile Liability. LICENSEE also agrees to maintain in full force and effect with regard to any LICENSEE owned vehicles which LICENSEE brings onto the License Property a suitable policy or policies of automobile liability insurance with a combined single limit of $1,000,000 per accident throughout the duration of the License. (iii) Workers' Compensation. LICENSEE shall also maintain, in full force and effect throughout the term of this License, Workers' Compensation insurance in accordance with the laws of California, and employers' liability insurance with a limit of not less than $1,000,000 per employee and $1,000,000 per occurrence. (iv) Notice, Additional Named Insureds. All insurance required under this License shall be issued as a primary policy and contain an endorsement requiring thirty (30) days written notice from the insurance company to both Parties hereto before cancellation or change in coverage, scope or amount of any policy. LICENSOR, its directors, officers, agents, employees and consultants, shall be designated as additional named insureds. (v) Insurance Endorsements. Concurrent with the execution of the License and prior to any use by LICENSEE of the License Property, LICENSEE will provide LICENSOR with an endorsement(s) verifying such insurance and the terms described herein. (g) Indemnification. LICENSEE shall be responsible for, and LICENSOR shall not be answerable or accountable in any manner for any loss or expense by reason of any damage or injury to person or properties, or both, arising out of the acts of LICENSEE, its agents, officers, employees, guests or invitees, or resulting from LICENSEE's activities on the License Property or from any cause whatsoever arising out of or in connection with this License or any other use or operations on the License Property. LICENSEE shall indemnify and defend LICENSOR, its directors, officers, agents, employees, and invitees against and will hold and save them and each of them harmless from any and all actions, claims, liens, damages to persons or properties, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization arising out of or in connection with LICENSEE's activities on the License Property, this License, and any other use of and operations on the License Property pursuant to this License, whether or not there is concurrent passive negligence on the part of LICENSOR, its agents, employees or officers, but excluding such actions, claims, damages to persons or properties, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of LICENSOR, and in connection therewith: (i) Actions Filed. LICENSEE shall defend any action or actions filed in connection with any of said claims, liens, damages, penalties, obligations or liabilities, and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. 005633.00013/560412v I (ii) Judgments Rendered. LICENSEE shall promptly pay any vent rendered against LICENSEE or LICENSOR covering such claims, liens, damages, ties, obligations and liabilities arising out of or in connection with such use of and .bons on the License Property referred to herein and agrees to save and hold LICENSOR less therefrom. (iii) Costs and Expenses; Attorneys' Fees. In the event LICENSOR is fide a party to any action or proceeding filed or prosecuted against LICENSEE for such mages or other claims arising out of the use of and operations on the License Property referred herein, LICENSEE agrees to pay LICENSOR any and all costs and expenses incurred by them such action or proceeding together with reasonable attorneys' and expert witness fees. iEE further agrees to indemnify, defend and hold harmless LICENSOR, its directors, and employees and each of them from any claim or cause of action arising out of or to the legality or legal interpretation of this License, including without limitation, ')OR's authority to enter into this License and/or authority to grant LICENSEE this provisions of this Section 4(g) shall survive the termination or expiration of this License. Section 5. Compliance with Law. LICENSEE shall comply with all laws, )rdinances, rules, and regulations applicable to the License Property, enacted or promulgated by any public or governmental authority or agency, including without limitation LICENSOR, Zaving jurisdiction over the License Property. Section 6. Revocation/Termination. Notwithstanding anything to the contrary in this ;nse whether express or implied, this License shall be revocable at any time by LICENSOR n ten (10) days written notice, if LICENSOR decides, in its sole discretion, that either (1) ENSOR requires the exclusive use of the License Property at any time, including ENSOR's right to sell, lease or dedicate the License Property to any party; (2) LICENSEE's of the License Property is inconsistent with LICENSOR's use of the District Property; or (3) ENSEE's use of the License Property is in violation of any provision of this License. Section 7. Legal Interpretation of Instrument. The Parties expressly understand and ;e that this License constitutes a non-exclusive license for use of the License Property; and efore, LICENSOR has the right to utilize the License Property at any time. This License is intended by the Parties, nor shall it be legally construed to convey a leasehold, easement, or ;r interest in real property. Should either Party be compelled to institute arbitration, legal, or T proceedings against the other for or on account of the other Party's failure or refusal to brm or fulfill any of the covenants or conditions of this License on its part to be performed or filled, the Parties agree that the rules and principles applicable to licenses shall govern such )ns or proceedings. This License shall be governed by the laws of the State of California. e�Section 8. Attorneys' Fees. If any legal action is necessary to enforce any of the e>ms or conditions of this License, the prevailing Party shall be entitled to reasonable attorneys' 6s in addition to any other relief to which it may be entitled. 00563 3.000 J 3/ J60412v 1 Section 9. Entire Agreement; Amendment. This License constitutes the entire understanding between the Parties with respect to the subject matter hereof, superseding all negotiations, prior discussions and preliminary agreements made prior to the date hereof. This License may not be changed except in writing executed by both Parties. Section 10. Notices. Any notice, request, information or other document to be given hereunder to any of the Parties by any other Parties shall be in writing and shall be deemed given and served upon delivery, if delivered personally or through facsimile, or three (3) days after mailing if sent by certified mail, postage prepaid, as follows: if to LICENSOR: Fountain Valley School District Attn: Barry Blade, Business Services 17210 Oak Street Fountain Valley, CA 92708 With a Copy to: Atkinson, Andelson, Loya, Ruud & Romo Attn: Andreas C. Chialtas, Esq. 17871 Park Plaza Drive, Suite 200 Cerritos, CA 90703 If to LICENSEE: City of Huntington Beach Attn: Jim B. Engle, Community Services 2000 Main Street Huntington Beach, CA 92648 Any Party may change the address or persons to which notices are to be sent to it by giving the written notice -that such change of address or persons to the other Parties in the manner provided for giving notice. Section i 1. Official Representatives. The official representative for LICENSOR shall be the Chief Business Officer, Business Services of Fountain Valley School District or his/her designee. The official representative for LICENSEE shall be the Director -Community Services or his/her designee. Section 12. No Liens. LICENSEE shall keep the License Property free and clear of all mechanic's and materialmen's liens, stop notices, lis pendens - and other liens (collectively "Liens") arising out of the entry and any work performed under this License. In the event that any claim or cause of action is filed as a result of any Liens, LICENSEE shall indemnify and defend LICENSOR with respect to such claims and/or causes of action. Section 13. Employees/Independent Contractors. For purposes of this License, all persons employed by LICENSEE in the performance of services and functions with respect to this License shall be deemed employees of LICENSEE and no LICENSEE employee shall be considered as an employee of the LICENSOR under the jurisdiction of LICENSOR, nor shall such LICENSEE employees have any LICENSOR pension, civil service, or other status while an employee of the LICENSEE. 05633.00013/560412v 1 -r Nection 14. FacecON,k C____'t part. This License may be executed in counterparts, and all so executed shall constitute one agreema lading on all Parties *retc�' notwithstanding that all. Parties are riot &igoxies to the origivW or the same couoterpwt. S t' n 15. A§gent LICENSEE shaU not asAga this License #�e poor` written approval of LICENSOR. LICENSOR res+ rves the right to erect any and all fx r assignment by LICENSEE in LICENSOR's sole discretion. Section 16. Third Farty Br fiSkjjC§ Nodiipg,in t1 License shall be cootrued to confer any rights whatsoever upon any party not signatory to this Section 17. Nondiscrimination. In utilizing . the Lam, LICENSEE shm not discriminate against any person on account of race, color, religion, sex, marital status, origin, or ancestry. Section 14. Recitals, The. Recitals are incorporgod itdo. this License as dxmt& fly, set forth herein. IN WITNESS WHEREOF, the Parties have ,_ice, this License as of the. day set forth above. LICENSOR LICENSEE FOUNTAIN VALLEY SCHOOL DISTRICT By: Its: CITY OF HUNMGTON BEACH, a municipal corporation of the State of Califarnia Mayor ATTACHMENT "A" DEPICTION OF LICENSE PROPERTY 00563 3.00013/560412v 1 Highlighted Area = Temporary Use Request Wardlow Park/School Map produced by information contained in the City of Huntington Beach Information Services Department Geographic Information System. Information warranted for City use only. Huntington Beach does not guarantee its completeness or accuracy. Map Produced on 6/8/2006 v H[>� E S 65 0 170 340 One inch equals 170 feet STREET NAMES CITY BOUNDARY Ar STREET CENTERLINES (CLASS) f Smartstreet Major Collector Primary Secondary Residential Travelway Ailey ISOBATHS h' HARBOR RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: APPROVE LICENSE AGREEMENT WITH FOUNTAIN VALLEY SCHOOL DISTRICT COUNCIL MEETING DATE: July 3, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attome) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable RCA Author: r an CITY OF HUNTINGTON BEACH 2000 MAIN STREET COMMUNITY SERVICES DEPARTMENT (714) 536-5486 July 11, 2005 Marc Ecker, Ed.D. Superintendent, Fountain Valley School District 17210 Oak Fountain Valley, CA 92708 Dear Marc: Re: Wardlow License Agreement CALIFORNIA 92648 Thank you for all of the support you have given to the city and Huntington Valley Little League youth at Wardlow School. We really appreciate the fact that you have made available through a License Agreement 21l2 additional acres in order to give the city and Little League time to address parking issues and the food concession building. This not only helps Little League, but also residents in the Wardlow neighborhood. It's always a pleasure working with you. The License Agreement was approved by City Council at its meeting on July 3, 2006, and is herewith attached for action by your board. Once approved, please return a signed copy to this office. Again, thank you for your support of our community. Sincerely, tMB. ENGDirecrLE Community Services JBE:cr Attachment cc: City Clerk A Quality Life Through ,.ducativn, Recreation and Culture Fountain Valley School District January 22, 2007 Patty Esparza City Clerk Office 2000 Main Street Huntington Beach, CA 92648 Dear Patty: Enclosed please find a completed, signed License Agreement by Fountain Valley School District for the City's use of a portion of the Wardlow property. As agreed, a fully executable copy is being returned to you. Thank you for your help. Sincerely, ` Charlotte L a Administrative Secretary Business Services 10055 Slater Avenue • Fountain Valley, CA 92708 • phone 714.843.3255 • www.fvsd.kl2.ca.us