HomeMy WebLinkAboutCity Council - 96-9 RESOLUTION NO. 96-9
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH AMENDING
RESOLUTION NO, 5159 ENTITLED, "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A CITY FEE
SCHEDULE"AS TO FEES CHARGED FOR LICENSE
AGREEMENTS FOR ENCROACHMENT INTO
THE PUBLIC RIGHT OF WAY FOR OUTDOOR DINING PURPOSES
(SUPPLEMENTAL FEE RESOLUTION NO. 56)
WHEREAS, on October 4, 1982, the City Council adopted Resolution No_ 5159
establishing a fee schedule for the city; and
The City Council desires to establish new fees and change existing fees charged to the
public for city services, facilities and activities;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That Resolution No. 5159 is hereby amended to provide for fees and charges for
license agreements for encroachment into the public right-of-way by eating establishments for
outdoor dining. Said fees and charges shall be as follows:
a) Application Fee: Thirty Dollars($30.00) one time fee.
b) Use Charge: One Cent ($0.01) per square foot of public right of way
encroached upon per year.
c) Inspection Fee: Three Hundred Dollars ($300.00) per year.
2. That the fee additions and amendments set out in this Supplemental Fee Resolution
No. 56 shall be effective upon adoption hereof, and continue during each fiscal year thereafter.
1
4:PCD:Reso1ution:Dining/2/22/96
RLs 96-116
3. That except as amended herein, the fees contained in Resolution No. 5159, as
amended, shall remain in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the i_f t1, day of Fe b-r„a-rW , 1996.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City me tLk- Z--�L zf 7
REVIEWED AND ROVED: INITI TED AND APPROVED
City Adrrvrustra or _ j_q Director f Pu is Works
2
4:PCD:Reso]ution:Dining/2/22/96
RLS 96-110
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
Table of Contents
1 Permission.............................................................................................................1
2 Term; Fees and Charges........................................................................................1
3 Indemnification, Defense, Hold Harmless ..............................................................2
4 Workers' Compensation Insurance.........................................................................2
5 Insurance...............................................................................................................2
6 Certificates of Insurance; Additional Insured Endorsement....................................3
7 Release.................................................................................................................4
8 Waste.....................................................................................................I..............4
9 Maintenance.....................
10 Control of Equipment; Animals ............................................................................5
11 independent Contractor........................................................................................5
12 No Assignment.....................................................................................................5
13 No Title Interest...................................................................................................6
14 Notices............................................................................................I.....................6
15 No Discrimination...................................................................I............................6
16 Attorney Fees......................................................................................................7
17 Entirety................................................................................................................7
gAagrecoutdoor,doc
2/22/96
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY
This agreement is made and entered into on-this day'of , 199--,, by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and ,
hereinafter referred to as "LICENSEE."
WHEREAS, LICENSEE has applied to CITY for permission to encroach into the public
right of way adjoining LICENSEE'S property, for the purpose of seating additional restaurant
patrons therein; and
CITY desires to allow such encroachment; and
The parties wish to enter into an agreement defining their respective rights and
responsibilities concerning said encroachment,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1. PERMISSION
Permission is hereby given to LICENSEE to enter upon and use the public right of
way.as depicted in the map attached hereto as Exhibit "A" (hereinafter referred to as the"Public
Right of Way") for the purpose of providing additional, temporary seating and tables for
LICENSEE'S restaurant patrons. LICENSEE agrees to remove and replace such seating and
tables each day, so that the seating and tables will not be stored or kept in the Public Right of
Way overnight. This License is non-exclusive, and the Public Right of Way shall at all times
remain open for use by the public.
1
g*agrecouidoor.doc
2122196
2. TERM: FEES AND CHARGES
The term of this License is one year. This License may be canceled on 10 days
written notice from CITY to LICENSEE. In consideration of this License, LICENSEE agrees to
pay to CITY an application fee, a use charge, and an inspection fee in the following amounts:
a) Application Fee: Thirty Dollars ($30.00) one time fee.
b) Use Charge: One Cent (50.01) per square foot of public right of way
encroached upon, for a total use charge of ($ ) per year.
c) Inspection Fee: Three Hundred Dollars ($300.00) per year.
3. FNDEMNIFiCATION, DEFENSE. HOLD HARR�II,ESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs
and demands, however caused, including those resulting from death or injury to LICENSEE'S
employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of
License herein contained, including those arising from the passive concurrent negligence of CITY,
but save and except those which arise out of the active concurrent negligence, sole negligence, or
the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and
expense.
4. WORKERS' COMPENSATION INSURANNTCE
Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges
awareness of Section 3700 et seq. of said code, which requires every employer to be insured
against liability for workers' compensation; LICENSEE covenants that it will comply with all such
laws and provisions prior to the encroachment into the Public Right of Way pursuant to this
license.
2
g*agrecoutdoor.doc
n2/96
LICENSEE shall maintain such Workers' Compensation Insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
and T'vo Hundred.Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all
times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY.
5. INSURANCE
LICENSEE shall carry at all times incident hereto, on all activities to be performed
in the Public Right of Way as contemplated herein, general liability insurance, including coverage
for bodily injury, and property damage. All insurance shall be underwritten by insurance
companies in forms satisfactory to CITY. Said insurance shall name the CITY, its officers, agents
and employees and all public agencies as determined by the CITY as Additional Insureds.
LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during
the life of this Agreement, in an amount of not less than One Million Dollars($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a designated
general aggregate limit, such limit shall be not less than One Million Dollars($I,000,000). In the
event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion
of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and
agrees to provide certificates evidencing the same.
5. CERTIFICATES OF INSURANCE. ADDITIONAL INSURED
ENDORSEMENT
Prior to the encroachment into the Public Right of Way pursuant to this license,
LICENSEE shall furnish to.CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and shall state
3
g:4:agree:outdoar.dac
2/22196
that the policy is currently in force and shall promise to provide that such policies will not be
canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to the encroachment into the Public Right of
Way pursuant to this License.
7. RELEASE
LICENSEE hereby releases and forever discharges CITY of and from any and all
claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may
hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE
onto the Public Right of Way. This is a complete and final release and shalt be binding upon
LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use
of the Public Right of Way. LICENSEE hereby expressly waives any rights under or benefit of
any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this
release nor any payment made hereunder shall constitute any admission of any liability of CITY.
8, WASTE
LICENSEE shall not alter, damage or commit any kind of waste upon the Public
Right of Way or any improvement, equipment or personal property thereon and shall not interfere
4
gA:agres:Wdoor.doc
2122l96
in any manner with the operations or activities of CITY. LICENSEE shall make no change in the
use of the Public Right of Way nor shall the design of the Public Right of Way be changed other
than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any
workmen's or materialmen's liens to be placed upon the Public Right of Way and agrees to
indemnify and hold CITY harmless against any such liens including but not limited to the payment
of attorneys' fees.
4. MAINTENANCE
LICENSEE agrees to care for and maintain the Public Right of Way in good and
satisfactory condition as acceptable to the City. Maintenance shall daily cleaning of the Public
Right of Way including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans,
gum, cigarettes, animal litter, dirt and sand. At the end of each business day, any and all furniture,
fixtures or other items, permitted and used in the operation of the business shall be removed from
the Public Right of Way. Such items shall not be returned to the Public Right of Way until the
beginning of the newt business day. Steam cleaning or high pressure water cleaning of the Public
Right of Way, including the sidewalk, curb and gutter shall be accomplished as needed or as
directed by the CITY.
In the event LICENSEE does not maintain the Public Right of Way in a
satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S
behalf., All costs incurred performing said maintenance shall be assessed to and billed directly to
the LICENSEE. LICENSEE agrees to pay such costs within ten (10) days of billing.
In the event any damage is caused to the Public Right of Way, including any
damage to the brick pavers, hardscape, sidewalks, curb, planters, bollards, landscape, irrigation
include but not be limited to system, street light, street or other utilities improvements, as a result
of the encroachment authorized hereunder, LICENSEE agrees to repair same at its own expense.
5
&4:aWccoutaomdoc
2122/96
In the event LICENSEE does not comply with all conditions of approval required
by the Conditional Use Permit and relevant Downtown Specific Plan and Downtown Guidelines,
Huntington Beach Municipal Code Section 7.12.05 and other applicable Huntington Beach
Municipal Code Sections, as determined by the Community Development Director, the License
may be canceled on 10 days written notice from CITY to LICENSEE.
10. CONTROL OF EQUIPMENT: ANLMALS
LICENSEE shall keep any equipment used or brought onto the Public Right of
Way under its absolute and complete control at all times and said equipment shall be used on the
Public Right of Way at the sole risk of LICENSEE. LICENSEE shall bring no animals, with the
exception of seeing eye dogs, onto the Public Right of Way .
11. 1NDEPENDENT CONTRACTOR
LICENSEE agrees that all work done or undertaken by it on the Public Right of
Way shall be for its sole account and not as an agent, servant or contractor for CITY.
LICENSEE agrees to indemnify and hold CITY and the Public Right of Way harmless from and
against all claims or liens of workmen and materiaimen.
12. NO ASSIGNMENT
LICENSEE agrees that the permission herein extended shall be personal to it and
that it shall not assign or permit any third party to avail itself of any of the privileges granted
hereunder, without the express written permission of CITY.
13. NO TITLE INTEREST
No title interest of any kind is hereby given and LICENSEE shall never assert any
claim or title to the Public Might of Way.
6
g:4:agree:outdoor.doc
2122/96
14. NOTICES
All notices given hereunder shall be effective when personally delivered or if
mailed, within 48 hours of the deposit of such notice in the U.S. Mail, postage prepaid, and
certified with return receipt requested and addressed to LICENSEE or to CITY at the respective
addresses shown below:
CITY: LICENSEE:
Mr. Les Jones
Director of Public Works
City of Huntington Beach
2044 Main Street
Huntington Beach, CA 92648
15. NO DISCRD&NATION
LICENSEE agrees that in performance of this Agreement and in the use of the
Public Right of Way authorized hereunder, it will not engage in, nor permit its officers, agents or
employees to engage in, any discrimination or discriminatory practices against any person based
on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition,
marital status or gender.
16. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
The prevailing party shall not be entitled to recover its attorney's fees.
REST OF PAGE INTENTIONALLY LEFT BLANK
7
gAagrecoutdoor.doa
2122196
1 b. ENTIRETY
This Agreement contains the entire agreement between the parties. This
Agreement shall be modified only by a subsequent written amendment, as may be mutually agreed
upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
LICENSEE: CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
TI'S: (circle one)Chairanan/President/Vice President
Director of Public Works,�—r-
By:
APPROVED AS TO FORM:
print name
ITS: (circle one)Secretary/Chief Financial 4fricer/Asst.
Secretary-Treasurer
�+z3 City Attorney
RE APPROVED:
City Administrator
z=:J���
g:4_agree:outdoor_doc
2/2V96
Res. No. 96-9
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven, that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of said
City Council at a regular meeting thereof held on the 5th of February, 1996 by
the following vote:
AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff,
Green, Garofalo
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Clerk and ex-officio Clerk of the
City Council of the City of Huntington
Beach, California
G/resolutUresbkpg