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Home My WebLink AboutAGMT - Seal Beach Lions Club (Continued Location of Red Car on Seal Beach Property)February 16, 2021 Via email scottnewton2@)hotmaii.com Scott Newton 1198 Pacific Coast Highway, Suite D-305 Seal Beach, CA 90740 RE: Agreement for Continued Location of the Red Car on Seal Beach Property Dear Mr. Newton: On behalf of the City of Seal Beach and the City Council, I would like to express our gratitude to the Seal Beach Lions Club for stepping up to acquire the historic Red Car from the Seal Beach Historical Society. As you know, the Red Car is an important historical resource and we appreciate the Lions' willingness to help preserve this important part of Seal Beach's history. As Mayor Joe Kalmick has discussed with you, the City is in the process of preparing a plan for the long-term preservation of the community's historical resources, and we look forward to advancing that plan in the coming months. In the meantime, the City Council has authorized me to take the steps necessary to continue to facilitate the preservation of the Red Car. To do that, I am pleased to rescind the City's previous notice of termination of the agreement under which the Seal Beach Historical Society retained the Red Car on City property, and to assign that agreement to the Seal Beach Lions Club. A copy of the agreement, dated October 1, 2015, is attached to this letter. If you have any concerns or questions about the agreement or anything else relating to the Red Car, please contact me directly. Again, on behalf of the City of Seal Beach, many thanks to the Seal Beach Lions Club for all of your diligent efforts in this matter, and so many other efforts to preserve the history and special character of Seal Beach. Sincerely, ? U • \ Jill R. Ingram City Manager cc: Mayor Kalmick and Members of the City Council Stan Sarkauskus, Seal Beach Lions Club President Winnie Bell From: Craig A. Steele <CSteele@rwglaw.com> Sent: Tuesday, January 24, 2023 1:19 PM To: Candice K. Lee; Lauren Barich Cc: Gloria Harper; Winnie Bell Subject: FW: Red Car Agreement Letter Attachments: Agreement with Seal Beach Historical Society (Red Car) dated 10.01.2015.pdf; Red Car Agreement -Seal Beach Lions Club.pdf For your files. From: Jennifer Robles <JRobles@sealbeachca.gov> Sent: Tuesday, February 16, 20216:59 PM Cc: Craig A. Steele <CSteele@rwglaw.com>; Jill Ingram <jingram@sealbeachca.gov> Subject: Red Car Agreement Letter BCC City Council: Good Evening Scott, Please receive the attached letter regarding the Red Car Agreement. Can you please forward a copy on the City's behalf to the Seal Beach Lions Club President, Stan Sarkauskus who has been cc'ed on the letter? Thank you, Jennifer Robles, Executive Assistant to the City Manager City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1326 CHOOSE CIViLITV Civility Principles: 1. Treat everyone courteously; 2. Listen to others respectfully; 3. Exercise self-control; 4. Give open-minded consideration to all viewpoints; 5. Focus on the issues and avoid personalizing debate; and, 6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. For Information about Seal Beach, please see our city website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. AGREEMENT THIS AGREEMENT is made and entered into this 151 day of October, 2015, by and between THE CITY OF SEAL BEACH, hereinafter referred to as "City," and the SEAL BEACH HISTORICAL SOCIETY, a California corporation, hereinafter referred to as "Society." WITNESSETH WHEREAS, Society is a nonprofit corporation interested in the accumulation, preservation, and restoration of historical artifacts representing the City's past history; and WHEREAS, City recognizes the need to accumulate and preserve these artifacts for future citizens of the City of Seal Beach; and WHEREAS, Society owns an original Pacific Electric railroad car that has become a historical focal point for the community. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: 1. This Agreement supersedes that certain agreement between parties (with the City of Seal Beach now the legal Successor Agency to the dissolved Seal Beach Redevelopment Agency) dated October 27, 1981 pertaining to the same subject matter. 2. The term of this Agreement shall be for a period of one year commencing on October 1, 2015 and shall be renewed automatically for a one year term each year thereafter unless terminated earlier. Either party may cancel this Agreement upon thirty (30) days prior written notice to the other party. 3. City hereby leases to Society the portion of the City of Seal Beach Greenbelt now occupied by the railroad car as well as a portion of the adjacent area ("the Site") as shown on Exhibit A, attached hereto and incorporated herein by this reference, at an annual lease fee of one dollar ($1.00) per year, payable in advance. 4. Society shall control and regulate ingress to and egress from the Site and all of Society's activities within the Site, except that Society shall have no right to exclude any person from using the public sidewalk that traverses the Site. 5. Society shall restrict all vehicular access to the Site except for the loading and unloading of supplies. 6. The uses of the Site may include museum showings, concerts, art shows, and other similar activities including fund raising functions. All activities conducted on the Site shall comply with the ordinances of the City of Seal Beach and any applications for permits for activities as required by such ordinances shall be completed and submitted to City by Society in advance. 7. Society shall hold harmless and indemnify City against any and all obligations or liabilities whatsoever arising out of Society's use or possession of the Site. Society shall obtain and maintain at all times during the term of this Agreement public liability and property damage insurance protecting Society in amounts not less than $1,000,000.00 for personal injury to any one person, $1,000,000.00 for injuries arising out of any one occurrence, and $500,000.00 for property damage. Said insurance shall name City, its officers, agents and employees as additional named insured parties, and shall not be cancellable nor shall the coverage be reduced without a thirty (30) day prior written notice to City. Society shall file and maintain on file with City at all times during the term of this Agreement a current copy or certificate of said insurance. 8. Society shall maintain the Site in a neat and orderly condition so that the activities thereon will have a minimum impact on adjacent properties to the satisfaction of City. 9. City shall maintain the landscaped area within and adjacent to the Site. City may, in its sole discretion, control the use of areas adjacent to the Site and may repair, replace and/or extend the public sidewalk on the Site. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. SEAL BEACH HISTORICAL SOCIETY, THE CITY OF SEAL BEACH a California corporation �%•�U rP esident YAEllery Deaton, Mayor ATTEST: 4 By: `2F Secretary F =, By: �`_ mraigAeele, ty Clerk ,APPBy:ttomey y AGREEMENT IS AGREEMENT is made and entered into this G day of6 i� , 1981, by and between THE REDEVELOPMENT AGENCY OF SEAL BEACH, hereinafter referred to as "Agency," and SEAL BEACH HISTORICAL SOCIETY, a California corporation, hereinafter referred to as "Society." WITNESSETH WHEREAS, Society is a nonprofit corporation interested in the accumulation, preservation, and restora- tion of historical artifacts representing the City's past history; and WHEREAS, Agency recognizes the need to accumulate and preserve these artifacts for future citizens of the City of Seal Beach; and WHEREAS, Society has obtained an original Pacific Electric railroad car which has become a historical focal point for the community. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: 1. The term of this Agreement shall be for a period of one year commencing on October 1, 1981 and shall be renewed automatically for a one year term each year there- after. Either party may cancel this Agreement upon thirty (30) days prior written notice to the other party. 2. Agency shall lease to Society the portion of the Pacific Electric Right of Way now occupied by the railroad car as well as a portion of the adjacent area ("the site") as shown on Exhibit A, attached hereto, at an annual fee of one dollar ($1.00) per year, payable in advance. 3. Society shall control and regulate ingress to and egress from the site and all activities within the site. 4. Society shall restrict all vehicular access to the site except for the loading and unloading of supplies. 5. The uses of the site shall include museum showings, concerts, art shows, and other similar activities including fund raising functions. All activities conducted on the site shall comply with the ordinances of the City of Seal Beach and any applications for activities required by such ordinances shall be completed and submitted by Society. 6. Society shall hold harmless and indemnify Agency against any and all obligations or liabilities whatso- ever arising out of Society's use or possession of the site. Society shall obtain and maintain at all times during the term of this Agreement public liability and property damage insur- ance protecting Society in amounts not less than $1,000,000.00 for personal injury to any one person, $1,000,000.00 for injuries arising out of any one occurrence, and $500,000.00 for property damage. Said insurance shall name Agency and the City of Seal Beach as additional insured parties and shall not be cancellable nor shall the coverage be reduced without a thirty (30) day prior written notice to Agency. Society shall file and maintain on file with Agency at all times during the term of this Agreement a copy or certificate of said insurance. 7. Society shall maintain the site in a neat and orderly condition so that the activities thereon will have a minimum impact on adjacent developments to the satisfaction of Agency. -2- 8. Agency shall maintain the landscaped area within and adjacent to the site. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. SEAL BEACH HISTORICAL SOCIETY, a California corporati) on r irLULIA'�f.(/�L/Gl. BY -President J By. Y' Y' Secretary —3— THE REDEVELOPMENT AGENCY OF SEAL BEACH By�.r.i ' Chairman AT fST B etary By: Exec ve Director "<< car as well as a portion of the adjacent area ("the site") as