HomeMy WebLinkAboutAgenda Item No 05REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: THOMAS P. EVANS
INTERIM CITY MANAGER
DATE: OCTOBER 23, 2012
SUBJECT: SECOND AMENDMENT TO THE LICENSE AGREEMENT FOR USE OF
CITY FACILITY BY PLANET YOUTH
Recommendation
It is recommended that Council approve the Second Amendment to License Agreement
and authorize the City Manager to execute the document.
Background
Planet Youth is operated by the California Family Life Center under the auspices of the
Riverside County Economic Development Agency's Youth Opportunity Centers. Planet
Youth provides training and education programs, a long -term comprehensive system of
services that better prepares high risk youth to make successful transition into the
workforce and continued education.
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. At the June 8, 2010 meeting, Council approved a First Amendment to the
License Agreement, which included a License Fee in the amount of $500 per month to
offset the cost of facility maintenance and extended the License Agreement through
June 30, 2012.
Discussion
In negotiations with the California Family Life Center, they prefer a year -to -year format
for the license term in order to ensure their budget supports the lease. Staff desires to
extend the term for a total of three years, with the option to administratively approve
each successive year through June 30, 2015. CFLC will continue to pay the monthly
license fee of $500.
AGENDA ITEM NO. 5
Page 1 of 15
Second Amendment to
October 23, 2012
Page 2
Fiscal Impact
License Agreement
No additional impact is anticipated.
Prepared by: Claudia Davis
Lake, Parks and Recreation Manager
Approved by: Pat Kilroy
Director of Lake, Parks and Recreation
Approved by: Tom Evans q
Interim City ManagzT e
Attachments: Second Amendment to License Agreement
First Amendment to License Agreement
Planet Youth Website Information
Page 2 of 15
SECOND AMENDMENT TO LICENSE AGREEMENT
This Second Amendment to License Agreement ( "Second Amendment') is made
effective as of July 1, 2012 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 and amended on July 1, 2010 (as amended, the
"License Agreement').
B. The parties desire to extend the term of the License Agreement.
NOW, THEREFORE, the parties amend the License Agreement as follows.
1. 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, 2015. 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.
2. As provided in Section 1 of the License Agreement as amended herein,
the parties elect to extend the term of the License Agreement by one year until June 30,
2013.
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 Second Amendment on behalf of and bind the party he /she
purports to represent.
Page 1
Page 3 of 15
IN WITNESS WHEREOF the parties have caused this Second Amendment to be
executed as of the date set forth below.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
Page 2
"CITY ":
CITY OF LAKE ELSINORE
Tom Evans, Interim City Manager
LICENSEE:
CALIFORNIA FAMILY LIFE CENTER
Rodney Walker, Executive Director
Page 4 of 15
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.
I . 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 5 of 15
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
4
LICENSEE:
Page 6 of 15
LICENSE AGREEMENT
This License Agreement is made as of July 1, 2008 by and between the City of Lake
Elsinore, herein called City, and the Calffo rwa Family I �rPn, ter 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
may be 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 091508 RevisedAm
1
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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 hot 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, or for
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 ail 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 8 of 15
INTRIF
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:
APPROVED AS TO FORM:
City Attorney
License Agreement O(d Library 091508 RevisedAm
Rl
LICENSEE:
Page 9 of 15
Lake Elsinore - Planet Youth Page 1 of 1
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Home I About US Workforce Irmum rmt Boartl I Workfoce Community
YOU am hem xb sttMr— Youb a lake CIS ino2-Planet Yauta
Wednesday, May 26, 2010
Lake Elsinore -Planet Youth
Atltlress:
Address:
400 W. Graham
406 W. Graham -
Featured Links
Lake. Elsinore, CA II
Phone:
NN
Informaci6n en Espanol
Hours: M,F 8am -Spm; T,W,Th Barr-)pm; Saturdays H hours vary, each month
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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 grew as an individual.
- .__..---- _ . ........ ...._. _.___. _. ..
We have GEO 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
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Navigating the Road to Work
Future. IMPROVING MINDS! EMPOWERING YOUTH!
What Is a Green Job
lead Agency: CFLC
Partners: City of Lake Elsinore, Riverside County Library Literacy Program, Lake Elsinore
Unified School District, Temecula Valley Unified School District; ML San Jacinth College, ACCESS
Center; Riverside Community College - Corporate Connections; Lake Elsinore Valley Chamber of
Commerce; Impact Promotional Products, City of Ours, Wealth Builders of America, POP,
Riverside County Credit Union
4_ P.
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MORE INFORMATION
Contact:
Marla Andrade, Program
Coordinator
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Atltlress:
Address:
400 W. Graham
El
Lake Elsinore, ('A 92530
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Phone:
NN
951.471.8415
Map:
Click to view mao
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01frant 20ID Riw_r,.da County Eranam✓ Uerelopment T9encp Terns Of pse
http : / /www.riveowib.org /JobSeeker[ Youth /LakeE]sinorePlanetYoutE__, _ _^
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Who We Are
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Who We Are
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The Workforce Development Centers (WDC) is a division of the Economic Development Agency
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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
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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, lob training, and employment programs services,
and information to help with your employment preparation needs.
6f7.,'S
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Cppyr'9ht 20.0RN¢rs!CeCOUnry Emnon.28evrlo(:mea: 49ency I 1 ®1, Or use
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Wednesday, May 26, 2010
Riverside County Economic Development Agency is the leader in making Riverside County a
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place where people are proud to live, work and play. We strive for every resident to have access
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to high - paying jobs, a world -class education, quality housing, culturally enriched activities and
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safe, healthy communities.
throughout Riverside County and
email.
Community Resources
Mission
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
e Create communities where all residents have access to quality housing in neighborhoods that are
attractive, functional and safe.
as Support a broad spectrum of business growth and ensure companies have ongoing access to an
ample and globally rampefigve workforce.
a Provide our residents with the recreational and cultural aegvities that enrich their lives.
Contact US
Locations
To better serve you complete
the online form- We will answer
There are four Workforce
Development Center locations
your questions directly to your
throughout Riverside County and
email.
one Mobile One -Stop.
Partner Directory
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We Are
Search our easy to use Partneraa,sq
Directory for business or job seeker
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Learn more about Who We Are and
what we can do for your business or
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how we can help with job seeker
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Youth Pagel of 2
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Workforce Investment Act (WIA) authorizes services for youth, adults, and dislocated workers.
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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
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attainment of basic skills competencies, enhances opportunities for academic and occupational
-----------.-----------------------.--------
training, and provides exposure to the job market and employment.
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Activities may include instruction leading to completion of secondary school, tutoring,
Community Resources
internships, job shadowing, work experience, adult mentoring, and comprehensive guidance and
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counseling. The program emphasizes serving out-Of- school youth.
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Navigating the Road to Work
Leap more about the Workforce Investment Act.
What is a Green lob
Youth Opportunity Centers
Click a program below for more information:
• Hemel - Empower Youth
• Indio - The Amor Wm Youth OuoorWDily Center
• Lake Elsinore - Planet Youth
• Pern, The OASIS
• Rubidwx YOUth Oeponunity Center
Additional Youth Programs
Click a program below For mare information:
• Youth Commission
• Leoislalive Inlems
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
• Altemagve school services
• Mentaring
• Paid and unpaid work experience (such as internships and job shadowing)
• Occupational skills training
• Leadership development
• Supportive services
• Guidance counseling
• follow -up services -
http://www.rivcowib.org/JobSeekerfYouth/tabid/85/Default.aspx
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Workforce Investment Act
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Workforce Investment Act
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 (SWIG) consisting primarily of
representatives from private industry, labor organizations, educational institutions, and
community organizations. The SWB assists the Governor in developing a statewide plan and
establishing appropriate program policy.
The 50 Local Workforce Investment Areas CLWIA) 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, counselins and support
is Education and skills training
Youth
• Bask skills assessment
is Resoumes and direction to allain educational goals
• Leadership development opportunities
is Exposure b work envirenmentthrough training and adult mentodng
Business
• Improved and trained client pool
• Development of on- the -job and customized training opportunities
• Assistance for dislocated workers
community
Wednesday, May 26, 2010
Featured Links
Informackm en Espanol
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.
Disability Program Navigator
Community Resources
New Disability Employment
Navigating the Road to Work
What Is a Green job
http:// www. rivcowib .org /JobSeeker /AduItPrograms/ W orkforecInvestmentAct.J
Page 14 of 15
Workforce Investment Act Page 2 of 2
• Access to local area job market information
• Improvedworldmcaqualily
• 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.
• Job search and placement assistance (including career counseling)
• Labor market information (which identifies job vacancies; skids needed for in- demand jobs; and local,
regional, and national employment trervis)
• Initial assessment of skills and needs
• Infomwtem about avatialim services
• Folow -up services to help customers keep their jobs once they are placed
Cop'v rlgnt 2010Nve1 -leeCunLYKo- .iomlcpevebpment Agency I TermsOt Um
http: / /www.rivcowib. org /JobSeeker /AdultPrograms/ W orkforcelnvestmentAct
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