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Home My WebLink About2010-06-08 CC Item No. 5CITY OF LAKE ~ LSIRO ~E ,~-W DREAA,4 EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 8, 2010 SUBJECT: FIRST AMENDMENT TO LICENSE AGREEMENT FOR USE OF CITY FACILITY BY PLANET YOUTH Background Planet Youth is operated by the California Family Life Center (CFLC) under the auspices of the Riverside County Economic Development Agency's Youth Opportunity Centers. Planet Youth provides important schooling and job opportunities for youth, ages 14-21. On July 1, 2008 the City and California Family Life Center (CFLC) entered into a License Agreement to provide CFLC use of the City's building at 400 W. Graham Avenue. Under the terms of the agreement, CFLC paid the City a rental fee of $1,000 per month for the first year and a nominal $1 per year license fee for each successive year. This agreement expires on June 30, 2010; however, it may be extend by one more year by mutual agreement. Discussion City Staff desires to amend the agreement to include a License Fee in the amount of $500 per month to offset the cost of facility maintenance. For example, the City recently expended about $1,350 to replace an electrical panel. In discussions with Mary Jo Ramirez, the Program/Development Director for the California Family Life Center, she agreed that the $500 per month fee was reasonable. She informed City Staff that the City of Lake Elsinore is the only city in the County that provides such a facility at a nominal cost for this program. Given the agreement provides CFLC with nonexclusive use of the facility, wherein the City operates the Tiny Tot Program in the facility, the agreement and monthly fee are referenced as a "license". The partial use of the facility for the City's Tiny Tot Program justifies the below market monthly fee for use of this 2,500 square foot facility. AGENDA ITEM NO.5 Page 1 of 13 In addition to amending the license fee, CFLC and City Staff desire to amend the agreement to have the option to extend the License Agreement through June 2012. Fiscal Impact Approval of this item will increase annual revenue to the City in the amount of $6,000, which may be partially or fully expended for unforeseen facilities maintenance during FY'10-11. Recommendation Staff recommends approval of the First Amendment to License Agreement and to authorize the City Manager to execute the document. Approved by: Pat Kilroy, Director Parks & Recreation Department Approved by: Robert A. Brady, City Manage Attachments: • First Amendment to License Agreement • Original License Agreement (dated July 1, 2008) • Planet Youth website information Page 2 of 13 FIRST AMENDMENT TO LICENSE AGREEMENT This First Amendment to License Agreement is made effective as of July 1, 2010 by and between the City of Lake Elsinore, herein called City, and California Family Life Center, herein called Licensee. RECITALS A. City and Licensee have previously entered into that certain License Agreement, dated as of July 1, 2008 (the "License Agreement"). B. The parties desire to extend the term of the License Agreement and provide for additional compensation to City. NOW, THEREFORE, the parties amend the License Agreement as follows. 1. As provided in Section 1 of the License Agreement, the parties elect to extend the term of the License Agreement by one year until June 30, 2011. 2. Section 1 of the License Agreement is hereby amended and restated as follows: 1. Term and License Fee. This Agreement is a nonexclusive license to access the above premises commencing July 1, 2008 or as soon thereafter as the City Council approves this License Agreement, through June 30, 2009 or until termination by either party. A monthly License Fee of $1,000.00 shall be paid in advance on the first day of each month during the first term of this License. Upon the mutual agreement of the parties, the term of the License Agreement may be extended by additional one-year extension terms provided that the final one-year extension term shall expire on June 30, 2012. A monthly License Fee of $500.00 shall be paid in advance on the first day of each month, commencing on July 1, 2010 and throughout the remainder of any extension term(s) of this License Agreement. 3. Except as provided herein, the terms and conditions set forth in the License Agreement shall remain in full force and effect. 4. Each individual signing below represents and warrants that he/she has the authority to execute this First Amendment on behalf of and bind the party he/she purports to represent. Amendment to License Agreement Old Library 052010 Page 3 of 13 IN WITNESS WHEREOF the parties have caused this First Amendment to be executed on the date first written above. CITY OF LAKE ELSINORE: Robert A. Brady, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Amendment to License Agreement Old Library 052010 2 LICENSEE: Page 4 of 13 cop _,vi, LICENSE AGREEMENT " 40 ' K... This License Agreement is made as of July 1, 2008 by and between the City of Lake Elsinore, herein called City, and the Califo amity l lto r.Pnter herein called Licensee, City hereby offers to allow Licensee to access and use the premises situated in the City of Lake Elsinore; County of Riverside, State of California, described as the "Old Library Building'," located at 400 W. Graham, upon the following terms and conditions: 1. Term. This Agreement is a nonexclusive license to access the above premises commencing July 1, 2008 or as soon thereafter as the City Council approves this License Agreement, through June 30, 2009 or until termination by either party. The License Agreement may be extended by two additional one-year terms by mutual agreement. A monthly rental of $1,000.00 shall be paid in advance on the first day of each month during the first term of this License. An annual License fee of $1 shall be paid in advance on the first day of each year for each one year extension. 2. Use. Licensee- shall use the premises for the purpose of operating a Youth Opportunity Center and conducting employment training services. Such use pursuant to this License shall not be assigned to any other person or entity, The City of Lake Elsinore will also operate a Tiny Tot Program in the facility. 3. Care and Maintenance of Premises. Licensee acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Licensee shall, at his own expense and at all times, maintain the premises in good and safe condition, including regular janitorial service. The City, at their sole expense, will maintain heating and air conditioning units in good order and repair, 4. Alterations. Licensee shall not, without first obtaining the written consent of City, make any alterations, additions, or improvements, in, to or about the premises except those set forth herein. 5. Ordinances and Statutes. Licensee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, orwhich may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Licensee. 6. Assignment and Subletting. Licensee shall not assign this License or attempt to sublicense' any portion of the premises without prior written consent of the City, which consent maybe withheld for any reason. Any such assignment or attempt at sublicense without the City's consent shall be void and, at the option of the City, may terminate. this License. 7. Utilities. All applications and connections for necessary telephone and DSL services and electrical, gas utilities on the premises shall be made in the name of Licensee only and at Licensee's sole expense. Licensee shall be responsible for all monthly utility bills including but not limited to telephone, electric and gas. The City will be responsible to pay for water utilities. License Agreement Old. Library 091508Revised.doc a sR. , Contract,/Agreement Page 51®f•13144 8. Entry and Inspection. City retains the right to enter upon the premises at any reasonable times for purposes of inspection or as required to operated the aforementioned Tiny Tot program. 9. Termination. Either party may terminate this agreement for any reason whatsoever upon 30 days written notice. 10. Indemnification of City. City shall not be liable for any theft, destruction, damage or injury whatsoever to Licensee, or any other person, or to any property, occurring on the premises or any part thereof, and Licensee agrees to hold City harmless from any such claim, no matter how caused. 11. Limited to Access Only. This License is limited to access only of the premises. Licensee shall have no right to use any of City's supplies, equipment, or any other assets of City. 12. Destruction of Premises. In the event of a partial or total destruction of the premises during the term hereof, from any cause, this License shall be terminated. 13. Remedies on Default. If Licensee defaults in the payment of the License fee or defaults in the performance of any of the other covenants or conditions hereof, City may give Licensee notice of such default and if Licensee does not cure any such default within three (3) days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Licensee does not commence such curing within such three (3) days and thereafter proceed with reasonable diligence and in good faith to cure such default), then City may terminate this License on not less than three (3) days notice to Licensee. On the date specified in such notice the term of this License shall terminate, and Licensee shall then cease all access to the premises to City, but Licensee shall remain liable as hereinafter provided. If this License shall have been so terminated by City, City may at any time thereafter prevent access to the premises by any lawful means and remove Licensee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver. 14. Attorney's Fees. In case suit should be brought for recovery of the premises, orfor any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorneys' fees. 15. Notices. Any notice which either party may, or is required to give, shall be given mailing same, postage prepaid, to Licensee at the premises, or City at the address shown below, or at such other places as may be designated by the parties from time to time. 16. Heirs, Assigns, Successors. This License is binding upon and inures to the benefit of the heirs, assigns, successors in interest to the parties. 17. Renewal. Any extension of this License shall be at the sole discretion of the City. All of the terms and conditions of the License shall apply during such renewal term, if any. License Agreement Old Library 091508 Revised.doc Page 6 of 13 18, Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by both parties. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: LICENSEE: obert A. Brad , City Manager ~,6T: AT,Ti INTRIM City Cle APPROVED AS TO FORM: City Attorney License Agreement Old Library 091508 Revised.doc 3 Page 7 of 13 Lake Elsinore - Planet Youth Page 1 of 1 Login Al Map 1 conuct U- 1 Locators t ~BLPid SEnACN Homes I About Us Workforce Investment Board Workforce Community You arejor Seeker» Youh - take cis ,o a Planet Youth Wednesday, May 26, 2010 Lake Elsinore - Planet Youth 400 W. Graham Featured Links Lake Elsinore, CA 92530 Hours: M,F 8am-5pm; T,W,Th Sam-7pm; Saturdays & hours vary each month Informacion en Espanol Disability Program Navigator Do you need job training? Help with college? Need help with graduating from high school? Community Resources Planet Youth provides youth ages 14-21 with opportunities to learn and grow as an individual. We have GED prep courses, tutoring, independent living skills, occupational training programs, New Disability Employment internships, paid work experience, and TONS OF FUN!! Earn Incentives while you build your future. IMPROVING MINDS! EMPOWERING YOUTH! Navigating the Road to Work What is a Green Job Lead Agency: CFLC Partners: City of Lake Elsinore, Riverside County Library Literacy Program, Lake Elsinore Unifed School District, Temecula Valley Unified School District; Mt San ]acinto College, ACCESS Center; Riverside Community College -Corporate Connections; Lake Elsinore Valley Chamber of Commerce; Impact Promotional Products, City of Ours, Wealth Builders of America, ROP, Riverside County Credit Union a (//n n A' Ell MORE INFORMATION q ~y Contact: L ~V Maria Andrade, Program Coordinator Address: 400 Graham Lake Elsinore, CA 92530 Phone: 951.471.8415 Map: Click t_o W ve r map WORK CUpYrg M1; Za10 Raver=i^_e County Eronomi<Oevelo•;>men! Flgenq e.n+s Of Uee http://www.riveowib.org/JobSeeker/Youth/LakeElsinorePlanetYouth/tabid/88/Default.aspxage R'72~010 Who We Are Login W.t J .-MI ` Home About Us j Workforce Investment Board I Workforce Community Page 1 of 1 ® 5Ye Hap I Coma t US I L0.a cut. SEARCH Youam here About U s » who We Are Wednesday, May 26, 2010 p Who We Are Who We Are Featured t.in8cs The Workforce Development Centers (WDC) is a division of the Economic Development Agency Informaci6n en Espanol of Riverside County. Disability Program Navigator Our WDC mission is providing businesses with their greatest resource. Whether you are a business looking for qualified employees or a job seeker looking for employment, we can help. Community Resources New Disability Employment For businesses, the WDC is prepared to provide comprehensive business services that will save you time and money hiring and training employees. Navigating the Road to Work What is a Green Job For Job Seekers, the WDC provides education, job training, and employment programs services, and information to help with your employment preparation needs. N SNK i' - G>Pyrigh[ 2010 Rivers~oe Coonfy Cxn^nmk Developmer. ~ tgencY I Terms Lt Use http://www.rivcowib.org/AboutUs/WhoWeAre/tabid/100/Default.aspx Pa9e5/ZgYAO About Us Login t:aktan.4rxxfrnml Home ( About Us i Workforce Investment Board i Workforce Community you are here: About Us Vision Page 1 of 1 ® Sla: M0 I Cmrta C Us I LOCabO_111 SEARCH Wednesday, May 26, 2010 Riverside County Economic Development Agency is the leader in making Riverside County a place where people are proud to live, work and play. We strive for every resident to have access to high-paying jobs, a world-class education, quality housing, culturally enriched activities and safe, healthy communities. Mission Featured Links Informaci6n an Espanol Disability Program Navigator Community Resources New Disability Employment The Riverside County Economic Development Agency brings together the talents, resources and Navigating the Road to Work dedication of public and private entities to: What is a Green Job en Job • Create communities where all residents have access to quality housing in neighborhoods that are attractive, functional and safe. • Support a broad spectrum of business growth and ensure companies have ongoing access to an ample and globally competitive workforce. • Provide our residents with the recreational and cultural activities that enrich their lives. Contact US To better serve you complete the online form. We will answer your questions directly to your email. Partner Directory Search our easy to use Partner Directory for business or job seeker . 7 services. Locations There are four Workforce Development Center locations throughout Riverside County and one Mobile One-Stop. Who We Are Learn more about Who We Are and what we can do for your business or 'L how we can help with job seeker services. EbA w6RK Copy, ight 2010 Riverside County Fconomlc Deo bnnent A9enc9 I 'rerml Of Use http://www.riveowib.org/AboutUs/tabid/99/Default.aspx Page MAO Youth Login Itiit Home I About us I Workforce Investment Board I Workforce Community Sib. Map I Contatt U, I Locations You are here: lob Seeke.r» Youth Youth Workforce Investment Act (WI A) authorizes services for youth, adults, and dislocated workers. Eligible youth must be no less than age 16 and not more than age 21, low income, and meet at least one of six specific barriers to employment. A year-round youth program emphasizes attainment of basic skills competencies, enhances opportunities for academic and occupational training, and provides exposure to the job market and employment. Page 1 of 2 SEARCH Wednesday, May 26, 2010 Featured Links Information an Espanol Disability Program Navigator Activities may include instruction leading to completion of secondary school, tutoring, Community Resources internships, job shadowing, work experience, adult mentoring, and comprehensive guidance and New Disability Employment counseling. The program emphasizes serving out-of-school youth. Learn more about the Workforce Investment Act. Youth Opportunity Centers Click a program below for more information: Hemet - Empower Youth • Indio- The Arbor Pon Youth Oooorluoity Center Lake Elsinore - Planet Youth Perris-The OASIS e Rubidoux Youth Opportunity, Center Additional Youth Programs Click a program below for more information: Youth Commission Legislative Interns Youth Services (Available to youth between the ages of 16 and 21 who meet specific eligibility requirements) Tutoring, study skills training, and instruction leading to completion of secondary school Alternative school services Menlonng Paid and unpaid work experience (such as internships and job shadowing) occupational skills training Leadership development Supportive services Guidance counseling Follow-up services hftp://www.riveowib.org/JobSeeker/Youtb/tabid/85/Default.aspx Navigating the Road to Work What is a Green Job Page1~ 912ti0 Workforce Investment Act Login ® S::v Moo I Cootd,t Us I Locatl0;'£ Home ( About US ( Workforce Investment Board Workforce Community You are here: lob Seeker » A&lt Pro,rom5 » Workforce !rwo,onent Ac Page I of 2 SEARCH Wednesday, May 26, 2010 Featured Links Informaci6n en Espanol Disability Program Navigator Community Resources New Disability Employment Navigating the Road to Work What is a Green Job The Workforce Investment Act (WIA) is a comprehensive approach that provides workforce investment activities through statewide and local systems. Authorized workforce investment activities provided at the local level benefit job seekers, dislocated workers, youth, incumbent workers, new entrants to the workforce, veterans, persons with disabilities, and employers. These activities promote an increase in the employment, job retention, earnings, and occupational skill attainment by participants. This improves the quality of the workforce, reduces welfare dependency, and enhances the productivity and competitiveness of the nation. The Governor appoints a State Workforce Investment Board (SWIB) consisting primarily of representatives from private industry, labor organizations, educational institutions, and community organizations. The SWIB assists the Governor in developing a statewide plan and establishing appropriate program policy. The 50 Local Workforce Investment Areas (LWIA) administer WIA services as designated by the Governor. The factors considered in designating these LWIAS include geographic location, population, and commonality of labor market areas. The Chief Elected Official (CEO) of each LWIA appoints a Local Workforce Investment Board (LWIB) with a local membership similar to the SWIB. The LWIB develops and submits a local area plan to the Governor, designates One- Stop operators, and selects eligible providers for youth and adult services. In cooperation with the CEO, the LWIB establishes an advisory Youth Council to provide expertise in developing youth policy. Benefits Job Seekers Universal access to job search and labor market information Relevant advice, counseling, and support Education and skills training Youth Basic skills assessment Resources and direction to stain educational goals Leadership development opportunities Exposure to work environment through training and adult mentonng Business . Improved and trained client pool Development of on-the-job and customized training opportunities Assistance for dislocated workers Community hap://www.rivcowib.org/JobSeeker/AduItPrograms/WorkforceInvestmentAct/tabid/58/Def.. 53912& Workforce Investment Act . Access to local area job market information . Improved workforce quality . Services designed for local area needs Services Available These services are available to all adults age 18 years or older and are free of charge. Jab search and placement assistance (including career counseling) Labor market information (which identifies job vacancies; skills needed for in-demand jobs; and local, regional, and national employment trends) Initial assessment of skills and needs Information about available services Follow-up services to help customers keep their jobs once they are placed VMK ELF Copyrlghr 2i•1p RNenae County E-c:i m,: Doe doprn.nt A9enry Tarry Of Page 2 of 2 http://www.rivcowib.org/JobSeeker/AduItPrograms/WorkforceInvestmentAct/tabid/5 8/De?. 5/26/2010