The URL can be used to link to this page

Home My WebLink AboutHUNTINGTON BEACH HISTORICAL SOCIETY - 1982-01-04k:, 0 AMENDMENT NO. 1 TO LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH HISTORICAL SOCIETY FOR THE USE, MANAGEMENT, MAINTENANCE, OPERATION AND IMPROVEMENT OF THE NEWLAND HOUSE PROVIDING FOR CLARIFICATION OF SPECIAL INSURANCE CLAUSE. WHEREAS, the City of Huntington Beach, a. municipal corporation ,.' of the State of California, hereinafter referred to as "CITY", and the Huntington Beach Historical Society, a non-profit California corporation, hereinafter referred to as "SOCIETY", have heretofore and on January 4, 1982, entered into an agreement for the use, management, maintenance, operation and improvement of the Newland House, and WHEREAS, the parties now desire to amend such agreement to provide for clarification of special insurance clause. NOW, THEREFORE, the parties hereto do agree: 1. Page 6, paragraph 7C is amended to read a.s follows: C. SOCIETY shall maintain in force during the entire term of this agreement, an insurance policy on the contents of the NEWLAND HOUSE in which any and all losses are made payable to CITY. The face amount of said policy shall be adequate to insure the full value of the contents and be in a form acceptable to the City Attorney. The proceeds of such policy or policies of insurance will be held by the City in trust fund against which persons who have lent the use of their property to the NEWLAND HOUSE may make claim. GH:bb 2/2/82 1. LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH HISTORICAL SOCIETY FOR THE USE MANAGEMENT, MAINTENANCE, OPERATION AND IMPROVEMENT OF THE NEWLAND HOUSE THIS AGREEMENT, entered into this day 19 gy by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the Huntington Beach Historical Society, a nonprofit California corporation, hereinafter referred to as "SOCIETY", R E C I T A L S: 1. CITY is lessee of that certain property located at Beach Boulevard and Adams which is improved by the Newland House, hereinafter referred to as "NEWLAND HOUSE", and more specifically described in Exhibit A. attached hereto and incorporated by reference as though set forth in full herein,and has the right to license to SOCIETY the use and occupation of the NEWLAND HOUSE. 2. CITY and SOCIETY mutually desire to enter into an agreement for use and occupation, maintenance, management, land- scaping and operation of NEWLAND HOUSE by SOCIETY. 3. CITY and SOCIETY recognize the historical, anthro- pological, archaeological and cultural significance of NEWLAND HOUSE and wish to provide for its preservation, enhancement, public display and educational use. GH/mcb 10/30/81 • • NOW THEREFORE, the parties hereto do agree: 1. Term This license shall remain effective until revoked by CITY or surrendered by licensee. 2. Newland House Maintenance A. CITY agrees during the continuance of this license to provide the following services to the NEWLAND HOUSE. 1.) Maintain exterior of NEWLAND HOUSE structure. 2.) Provide exterior and interior pest elimina- tion and exterminator service at appropriate monthly intervals to protect the structure and its contents. 3.) Provide continued maintenance of all grounds except as provided herein. B. SOCIETY will inventory and catalogue its contents and provide decorations and displays at NEWLAND HOUSE. C. SOCIETY will maintain the entire interior of NEWLAND HOUSE including window decorations in a clean and sanitary condition. D. CITY will refurbish, paint, clean and maintain the outside :rater tower. 3. Caretaker A. SOCIETY shall select a person who shall be desig- nated as caretaker. - 2 - E B. CITY will furnish living quarters consisting of either a trailor pad with utility hook-ups or permanent quarters on the second floor of proposed barn. C. Caretaker will be supervised and compensated by SOCIETY and is not to be deemed an employee or agent of CITY in any manner. 4. Improvements to NEWLAND HOUSE A. CITY will complete detailed plans and specifi- cations for ground development. B. CITY will provide landscaping and install an irrigation system for grounds. C. SOCIETY will develop plans, landscape and main- tain special planting beds as provided in Exhibit B attached hereto and incorporated by reference as though put forth in full herein. D. CITY will provide a security system. E. CITY will provide sanitary facilities to serve the public at "HOUSE functions". F. SOCIETY will cause a telephone to be installed at NEWLAND HOUSE, and caretaker's quarters. 5. Operations of NEWLAND HOUSE A. SOCIETY will conduct tours of the house and grounds no less than two times per month. B. SOCIETY will manage and operate the gift store. - 3 - Ll C. CITY contemplates future construction of auxiliary structure at NEWLAND HOUSE. If and when completed, CITY shall make available to SOCIETY space for a gift shop. Said gift shop area and reasonable rental shall be negotiated at that time. SOCIETY shall have reasonable access to any meeting room in auxiliary structure at no charge. D. SOCIETY will advertise and assume promotional activities for the NEWLAND HOUSE. E. SOCIETY will utilize monies earned from house activities for enhancement of future programs, activities and for insurance and maintenance of the NEWLAND HOUSE as provided by SOCIETY herein. F. CITY will serve as coordinator of NEWLAND HOUSE programs when requested by SOCIETY. G. SOCIETY shall keep all revenue it generates through SOCIETY'S management of the NEWLAND HOUSE. CITY shall keep all revenue it generates through rental of reception meeting room in barn and grounds. SOCIETY shall maintain such books and records at the NEWLAND HOUSE as may be required by CITY to assure that funds received from the operation of NEWLAND HOUSE are appropriated to the legitimate programs, aims and goals of SOCIETY. All such books and records shall be available for audit by authorized representatives of CITY during normal business hours and at the sole expense of CITY. 6. Workers' Compensation SOCIETY agrees to comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts 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 CITY from and against all claims, demands, payments, suits, actions, proceedings and judg- ments of every nature and description, including attorneys' fees and costs, presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any activity performed by SOCIETY under this lease and shall provide evidence of such compliance to CITY in such form as is satisfactory to the City Attorney. 7. Special Insurance Coverage A. CITY will assume responsibility for fire and structural damage insurance coverage of NEWLAND HOUSE and all (REST OF PAGE NOT USED.) - 5 - • ancillary buildings but not for the contents. B. SOCIETY shall furnish to CITY a certificate of insurance evidencing maintenance of a policy or policies of insurance in which CITY is named as an additional insured. Such certificate of insurance and policy shall be in a form acceptable to the City Attorney, and shall certify the existence of insurance coverage against all claims arising out of or in connection with SOCIETY'S use and occupation of the licensed premises. The policy shall provide coverage in the following amounts: combined single limit bodily injury and/or property damage of $300,000 per occurrence, or such greater amount as CITY may require by resolu- tion of the City Council. C. SOCIETY shall maintain in force during the entire term of this agreement, an insurance policy on the contents of the NEWLAND HOUSE in which any and all losses are made payable to CITY. The face amount of said policy shall be adequate to insure the full value of the contents and be in a form acceptable to the City Attorney. 8. Indemnification, Hold Harmless, Defense SOCIETY agrees to defend, indemnify and hold harm- less CITY, its officers, agents and employees, from and against any and all liability, damages, costs, losses, claims and expenses, however caused, resulting directly or indirectly from or connected with SOCIETY'S performance of this license (including but not - 6 - • • limited to such liability, cost, damage, loss, claim or expense arlsing from the death of or injury to an agent or employee of SOCIETY, subcontractor, or of CITY or damage to the property of SOCIETY, subcontractor, or of CITY or any agent or employee of SOCIETY, subcontractor, or CITY, except where such liability, damages, costs, losses, claims or expenses are caused by the negligent or wrongful acts of CITY or any of its agents or employees, including negligent omissions or commissions of CITY, its agents or employees, in connection with the general super- vision or direction of the activity to be performed hereunder. 9. Utilities CITY will pay for all utilities including gas, electricity, and water for the NEWLAND HOUSE structure, such ancillary buildings as may be constructed and the caretaker's quarters. 10. Laws The laws of the State of California shall be applied to any and all interpretations of this agreement. 11. Assignment This Agreement shall not be assignable nor shall the buildings or any portion of said buildings be sub -licensed or sublet without the prior written consent of CITY. - 7 - • 12. Entirety This Agreement sets forth the entire agreement between the parties. 13. Modification This Agreement may only be modified by written agreement subscribed to by all parties in interest. 14. Cancellation A. This Agreement may be cancelled by either party on sixty (60) days written notice to the other at the address shown on "Notices". B. All fixed improvements to NEWLAND HOUSE installed by SOCIETY shall become the property of CITY. 15. Notices All notices shall be sent to the following addresses: SOCIETY: Huntington Beach Historical Society Newland House Museum 19820 Beach Boulevard Huntington Beach, CA 92648 CITY: City Clerk City of Huntington Beach Post Office Box 190 Huntington Beach, CA 92648 16. Attorneys Fees In the event that it is necessary to institute legal proceedings to enforce any covenant or condition of this agreement, including those for indemnification and insurance, then, the prevailing party shall be awarded a reasonable attorney's fee. IN WITNESS WHEREOF, the parties have caused this - 8 - 0 • tlI ;y'pL Agreement to be executed by their duly authorized officers. ATTEST: City Clerk APPROVED AS TO FORM: City A torney ING NT PROVED: Vi cent G. Moorhouse Director, Community Services REVIEWED AND APPROVED: City Administra r "CITY" CITY OF HUNTINGTON BEACH A MUNICIPAL CORPORATION Z�eze Mayor 'CITY" "SOCIETY" HUNTINGTON BEACH HISTORICAL SOCIETY SOCIETY, a nonprofit California Corporation President "SOCIETY" Secreta "SOCIETY" - 9 - -.:;,,,a,�•. ,..,• . ..�.y,R,«.,Fr+t... ..x.wra*+MMw-��v .*., ..... .. ... _ .,.,... EXHIBIT "A" ACCESS TO NEWLAND HOUSE CITY OF HUNTINGTON BEACH DESCRIPTION September 17, 1974 In the City of Huntington Beach, County of Orange, State of California, being a portion of the southwest quarter of Section 1, Township 6 South, Range 11 West, as per map recorded in book 51, page 14 of Misc- ellaneous Maps, in the office of the County Recorder of said County, being a strip of land 40. 00 feet in width, the centerline being described as follows: Beginning at a point in the westerly line of said southwest quarter, lying North 0°39'35" West 879.19 feet from the southwesterly corner of said southwest quarter; thence North 89° 20'25" East 540. 00 feet. EXCEPTING THEREFROM the westerly 88. 00 feet thereof. e 'r to Tiy 1ANIBIT "A" ACCESS TO NEWLAND HOUSE CITY OF HUNTINGTON BEACH September 17, 1974 I 3W:COQ.of S-V.A4 SEC,1,T.6 seku --- e I - cu1n1t1's 1tsnllcl NEWLAND 101SE H 11CI...ee` C.11(1 I �I wr i 1 \ ( I y NEWLAND HOUSE. C_ONCEPTUAL_LANDSCAPPPRE -PLAN AV CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 28, 1982 Huntington Beach Historical Society 19820 Beach Boulevard Huntington Beach, Ca. 92646 Attn: Linda Brown, President The City Council at a regular meeting held January 4, 1982 approved a license agreement with the Huntington Beach Historical Society relative to the operation of the Newland House. Enclosed is a copy of the license agreement together with Amendment #1 clarifying the special insurance clause. Also enclosed is a copy of the insurance certificate which you submitted. Alicia M. Wentworth City Clerk AMW:bt Enclosure CC: Judy John, Finance Vince Moorhouse, Community Services 1 Telephone: 714-636.5227 ) REQUES40R CITY COUNCILOCTION Submitted to: Submitted by: Prepared by: Subject: Date Honorable :'Mayor and City Council Charles W. Thompson, City Administrator'.,'; Vincent G. Moorhouse, Director, Community Services December II, 1981 AGREEMENT WITH HUNTINGTON BEACH HISTORICAL SOCIETY FOR OPERATION OF NEWLAND HOUSE Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The City of Huntington Beach and the Huntington Beach Historical Society mutually desire to enter into the attached agreement for use and occupation, maintenance, management, landscaping and operation of the Newland House by the Society. RECOMMENDATION: pprove the attached agreement between the City and the Huntington Beach Historical Society and authorize 'Mayor to execute. ANALYSIS: The Mty acquired the Newland House in 1972 from Signal -Landmark Company along with 30 acre Bartlett Park as a condition of approval of final tracts in Talbert Valley. ,Members of the Huntington Beach Historical Society recognized the historical significance of the second oldest house and first house totally constructed on -site within the City and set about with the blessing of the City Council and some financial assistance to completely restore the house and yard to its original appearance. This has taken several years and the society and City have performed this joint restoration and operation without benefit of a formal agreement. The recent development of a new shopping center on the 25 acres adjacent to the house by Signal -Landmark has focused attention on the house and the need for a formal operating agreement became apparent in that the City is the owner of the Newland House and the land it occupies which is a part of Bartlett Park and has the right to license to Society the use and occupation of the Newland House. Both City and the Huntington Beach Historical Society recognize the historical, anthropologic, archaeological and cultural significance of the Newland House and wish to provide for its preservation, enhancement, public display and educational use which this agreement will allow. FUNDING SOURCE: (1981-82 budget 5339,300 from Park Acquisition and Development Fund.) Development in 1 981-82 is contemplated to be construction of a 3,132 square foot barn/caretaker residence, a gazebo, a small parking lot to serve house visitors, yard landscaping and irrigation, fencing and lighting. (Future General Fund Costs: Maintenance of house exterior, grounds, caretaker's quarters, parking lot, utilities. Public Works estimate: $8,500 annually PARK ACQUISITION & DEVELOPMENT FUND BALANCE, AS OF November 30, 1981 - $2,332,158.82. ALTERNATIVE ACTIONS: 1. Retain operation and maintenance of Newland House within City. 2. !devise agreement to more or less City participation 3. Eliminate house. ATTACHMENT: Agreement between City and Historical Society. CWT:VGM:sh PIO 4/81 S. NEWLAND HOUSE COSY ESTIRATE SITE CLEARING Allow PAVING1 Concrete: 250 sq. ft. $2.00 D. G. Paths and Arcas: 6,000 sq. ft @ $1.50 FENC INGd Cyclone "Dress -up" Al Ied Picket Fence ARBORS ( and/or Gazebo) ;l i aq BENCHES Al l o,a Al 1 a'a WATER TOWER R E FIAB I L I TAT I ONi A l l o w LIGHTING (Security and Use Ares;) Allow SUB -TOTAL PLANTING AND IRRIGATION: Turf: 10,000 sq. ft. @ $1.00 Special Planting Ecds: 3,250 sq. ft. @ $2.10 Shrubs and Ground Cover: 4,000 sq. ft C $1.50 Trees Allow SUB -TOTAL STREET IMPR0MEMENTS: PARKING LOT: BARN (Recepti(xn Center, Restroms, Storage and Caretaker's Apartment) Architect: 1st Floor: 1,752 sq. ft. @ $75.03 2nd Floor: 1,340 sq. ft. Q $40.00 SU3-TryTAL PLUS 10`5 COXTINGEWCY TOTAL 3,000 500 9,000 2,000 2,0-0 15,O00 1,500 +y 5,000 20,000 10,000 6,500 6,000 1, 5CG * & c e 62,000 24,000 39,000 30,000 20,000 134,400 CID 208,C!10 363, M -6 300 3 11 36i6E/k44® CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. 0. Box 190 COMMUNITY SERVICES DEPARTMENT (714) 536-5486 Vincent G. Moorhouse, Director February 4, 1982 Mrs. Linda Brown, President Huntington Beach Historical Society 19820 Beach Boulevard Huntington Beach, CA 92646 Dear Mrs. Brown: Re: Amendment to License Agreement I have attached an amendment to the license agreement which clarifies the special insurance clause we had discussed and agreed upon at the Society's last board meeting. If this amendment meets with the approval of your Board, I would appreciate you and the secretary executing same and returning to this office for Council action. As of this date, we have not received the executed Certificate of Insurance which was sent to you on January 4, 1982. We would appreciate your prompt action on this matter in that the license agreement cannot be executed by the Mayor until the insurance is in effect. Sincerely, Vincent G. Moorhouse Director Community Services VGM:cs Attachment cc: City Clerk f� • U-STY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. Box 190 COMMUNITY SERVICES DEPARTMENT Vincent G. Moorhouse, Director January 4, 1981 Mrs. Linda Brown, President Huntington Beach Historical Society 6831 Rook Drive Huntington Beach, CA 92647 Dear Mrs. Brown: Re: Insurance Certificate CALIFORNIA 92648 (714) 536-5486 In accordance with Section 7B of the agree- ment between the city and the Historical Society for the use, management, maintenance, operation and improvement of the Newland House, enclosed is a certificate of insurance form for execution. This certificate should be filled out by the Society's insurance company, executed by you and the Society's Secretary and returned to this office. As the agreement is going before Council tonight, we would appreciate your prompt attention to the insurance certificate. If you have any questions, please feel free to contact me directly. Sincerely, Director Community VCM:cs ,/�/// / / . Moorhouse Services Attachment cc: City Clerk NOTICE OF CANCELLATION MORTGAGEE OR LOSS PAYEE KIND OF POLICY CANCELL6 IOlI9EFFECTIVE DATE ISSUING OFFICE DATE MAILED PORTFOLIO POLICY -89 ❑ DAYS AFTER SERVICE SNA 12-27-88/US OF THIS NOTICE THIS IS TO NOTIFY YOU THAT AS OF THE CANCELLATION EFFECTIVE DATE SHOWN ABOVE, ALL CO _ UNDER THIS POLICY IS TERMINATED AS REGARDS YOUR INTEREST. • q K INSURED'S POLICY NUMBER AND NAME AND ADDRESS OF MORTGAGEE OR LOSS PAYEE AGENT OR BROKER 2-17 MZX 8028 99 24 04-209-430 CITY OF HUNTINGTON BEACH ASSOCIATED AGENCIES, INC. 2000 MAIN ST. SANTA ANA HEIGHTS, CA. HUNTINGTON BEACH, CA. 92648 L L- J 40 NAME OF INSURED HUNTINGTON BEACH HISTORICAL SOCIETY 485046--7-81 FIREMAN'S FUND NATIONAL SURETY �I INSURANCE COMPANY ❑ CORPORATION ❑THE AMERICAN ASSOCIATED INDEMNITY INSURANCE COMPANY ❑ CORPORATION ❑ ❑ AMERICAN AUTOMOBILE INSURANCE COMPANY AUTHORIZED SIGNATURE Return original and three copies of completed certificate to: City of Huntington Beach Dept. kr P. O. Box 190 Huntington Beach, California 92648 CERTIFICATE OF INSURANCE TO CITY OF HUNTINGTON BEACH, CALIFORNIA A MUNICIPAL CORPORATION )istribution: After Approval By City Attorney Original — Originating Dept. Ye!low — Risk Manager Pink — City Clerk Gold — City Attorney This is to certify that the policies of insurance as described below have been issued to the insured by the under- signed and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Name of Insured � ✓�'/ �� .�% �` � d'� /� 0 �7t�,,f//�Ca9[ _ Bid �&1 L Address of Insured 1q.R r., � it�ni ate; Con i. i Location of Insured Operations Description of OperationsN POLICIES iN`FORCE ' :, '? = POLICY . NUMBER LIMITS OF LIABILITY EFFECTIVE EXPIRATION A Workers Compensation Statutory Employers' Liability,'. $ B. Public Liability: * $300,000 combined single \ limit per occurrence. �J Bodily Injury: Manufacturers and . Contractors .. $ * •_' Each Person 4, Comprehensive General ® $ 5 ` , Each Accident (Including products completed t operations) Property Damage $ IoLD * fz3.. Each Accident C. Automobile Liability: Bodily Injury $ * Each Person $ * Each Accident Property Damage ^ $ * Each Accident a; Does -policy cover: (Please check at least one) All owned automobiles ( ) Yes ( 1 No Non -owned automobiles ( ) Yes ( ) No Hired automobiles l 1 Yes ( 1 No D. Additional Insured Endorsement: The insurer' agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach. E. Hold Harmless Agreement: By Insured:-A (Signature) The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason -of any suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the certificate of insurance. F. Remarks: APPROVED AS TO FORM: GAI L HUTTON Not withstanding any requirement, term, or condition of any contract or other City Attorney opt uith rpenpct to which this certificate or •jen i:;L._:on ci insu. urr.;e may be issued or may pertain, the insurance atiorded by the puitcies des.,;!Jed herein ist subjeet to all the te1`995. ext-!ncionc and conditions of such Policies. By: Deputy City Attorney Date /,y AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY By Signature of Authorized`kepresenta{ive/Agent Name Address at' a Address; ; 12n 4n?Ic ., City 4,<,•^, A Telephone