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HomeMy WebLinkAboutBeachpoint Church - 2017-11-20Dept. ID ED 17-30 Page 1 of 2 Meeting Date. 11/20/2017 ego v�i 7 -d CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11 /20/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Approve and authorize execution of a Lease Agreement between the City of Huntington Beach and Beachpoint Church for non-exclusive use of the Central Library Theater Statement of Issue: The City Council is asked to approve a two-year lease agreement with Beachpoint Church for the non-exclusive use of the Huntington Beach Central Library on Sunday mornings. The lease will not interfere with the Sunday operations of the Library or use of the theater. Financial Impact: The lease agreement will generate $58,680 annually for the General Fund (10000100.43165). Recommended Action: A) Approve the "Lease Agreement between the City of Huntington Beach and Beachpoint Church for non-exclusive use of the Huntington Beach Central Library"; and, B) Authorize the Mayor, City Manager, and City Clerk to execute the Lease Agreement and other related documents on behalf of the City. Alternative Action(s): Do not approve the lease agreement and direct staff accordingly. Analysis: Mariners Church has utilized the Central Library Theater for services since 2012. In the Fall, Mariners provided notice that they acquired a new separate location and would be moving out. A Request for Proposals ("RFP") was issued for use of the Central Library Theater which restricted the use for morning hours, based upon Mariners' departure. Beachpoint Church submitted a proposal for use of the Theater including rooms C, D, E, and the kitchen. Staff conducted a reference check with their past landlords, who provided positive recommendations. f tem 13 .- 1 H B- t 64- Dept. ID ED 17-30 Page 2 of 2 Meeting Date: 11/20/2017 Staff has negotiated new terms and a new lease agreement has been prepared in accordance with the City's standard lease format. The terms are summarized below: • Two-year term • Options: One additional two-year extension • Base Monthly Rent: $4,809.02 • Hours: 7:30 a.m. to 12:30 p.m. on Sundays only The hours set forth in this lease agreement do not interfere with the new Sunday Library hours and will allow staff to pursue cultural and theatrical productions that will utilize the Theater in the afternoon and evening hours. The Economic Development Committee reviewed the lease agreement at the October 11, 2017, meeting and recommended approval of the lease. Environmental Status: None Strategic Plan Goal: Strengthen economic and financial sustainability. Attachment(s): 1. Lease Agreement between the City of Huntington Beach and Beachpoint Church for Nonexclusive use of the Huntington Beach Central Library. HB -165- Item 13. - 2 LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEACHPOINT CHURCH FOR NONEXCLUSIVE USE OF THE HUNTINGTON BEACH CENTRAL LIBRARY THIS LEASE AGREEMENT is made and entered into this 2 day of Dqj�M bjfr , 2017 by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter "Lessor") and BEACHPOINT CHURCH, a California nonprofit corporation (hereinafter "Lessee"), (collectively "Parties"). WHEREAS, Lessor owns certain real property (hereinafter "Premises") in the City of Huntington Beach and Lessee desires to lease, on a nonexclusive basis, the aforesaid Premises for religious services, education, and cultural enrichment in the manner set forth below. NOW, THEREFORE, in consideration of the obligation of Lessee to pay rent as herein provided and in consideration of the other terms and conditions hereof, Lessor hereby grants to Lessee and Lessee takes from Lessor, to have and to hold, a nonexclusive lease (hereinafter "Lease") of the Premises, upon the following terms and conditions: SECTION 1. Description of Premises The Premises consist of that certain real property commonly known and described as a portion of the improvement, structure and fixtures located at 7111 Talbert Avenue, Huntington Beach, California. The premises include (a) the physical structure consisting of (i) the theater (including the stage, auditorium, backstage area, designated storage areas, technical booth, greenroom, and all areas commonly associated with the intended use of the theater), (ii) B Room, C Room, D Room and (iii) the kitchen (collectively, the "Theater"). The use of the rooms can be amended from time to time through a letter agreement, signed by all parties. The Lessee agrees to use the portion of the stage designated as "Front of Stage" as depicted in Exhibit "A", attached hereto and incorporated herein by reference. SECTION 2. Nonexclusive Use It is acknowledged by the Parties that Lessor intends to enter into other tenancy arrangements, including, but not limited to, daily or periodic use permits or rental agreements with various business, professional, artistic, dance and other community groups and organizations. SECTION 3. Permitted Use The Premises are let on a nonexclusive basis for the purpose of religious services, Sunday school and related church activities and meetings. Lessee's use shall be Sundays 7:30 a.m. to 12:30 p.m. The permitted use time can be amended from time to time through an agreement signed by both parties. The Premises may not be used by Lessee to provide services to the homeless from or at the library. During use of the Premises, Lessee must comply with all applicable State and local ordinances, rules and regulations. At the conclusion of services, Lessee shall remove all personal property consisting of musical equipment, chairs, and speakers from the Front of Stage. 17-6053/166587/RLS 10/2/17/DKO Upon ten (10) days written notice to Lessor, Lessee may expand or extend its use to include additional services or other activities on dates on which the Premises are open and available. Such additional use will be conditioned upon payment by Lessee to Lessor of a reasonable use fee in an amount to be agreed upon by the Parties. SECTION 4. Term This Lease shall be for a term of two (2) years commencing at 12:01 a.m. on December 1, 2017 (the "Commencement Date") and ending at 11:59 p.m. on December 1, 2019, unless sooner terminated as herein provided. The term can be extended for one additional two (2) year term, if agreed to in writing by both parties. SECTION 5. Gross Rent Lessee agrees to pay to Lessor as gross rent for the use and occupancy of the Premises the sum of fifty-eight thousand six hundred eighty dollars and twenty cents ($58,680.20) per year, payable in twelve equal monthly installments of four thousand eight hundred nine dollars and two cents ($4,809.02) each, on the first day of each month beginning on the Commencement Date ("Gross Rent"). In the event Lessee fails to pay any monthly installment on or before the thirtieth day of the month in which that installment is due, Lessee shall pay to Lessor a penalty in the amount of ten percent. The percentage late fee rental rate constitutes a gross rent and includes an amount intended to compensate Lessor for utilities and other expenses relating to the operation of the Premises, including administrative and custodial expenses. Payment of these expenses shall be the obligation of the Lessor. Attachment I shows the room rates and areas leased. Amounts can be amended by mutual agreement by the parties. SECTION 6. Indemnification Lessee hereby agrees to protect, defend, indemnify and hold harmless Lessor, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with Lessee's (or Lessee's subcontractors, if any) negligent (or alleged negligent) use of the Premises or performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Lessor. Lessor shall be reimbursed by Lessee for all costs and attorney's fees incurred by Lessor in enforcing this obligation. Lessee will conduct all defense at its sole cost and expense and Lessor shall approve selection of Lessee's counsel, which approval shall not be unreasonably withheld. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the Lessee. SECTION 7. Hold Over Should Lessee hold over and continue in possession of the Premises after expiration of the Term of this Lease, or any extension thereof, Lessee's continued occupancy of said Premises shall be considered a month -to -month tenancy subject to all the terms and conditions of this Lease. 2 17-6053/166587/RLS 10/2/17/DKO SECTION 8. Maintenance Lessor shall be responsible for all structural repairs to the Premises and shall keep the foundation, exterior and interior walls and the roof in good condition during the term of the Lease. Lessor shall repaint the Premises as required so as to keep the Premises in "first-class" condition. Lessor shall maintain and repair the Theater, Rooms and Personal Property; provided, however, that Lessee shall repair any damage caused by the activities of Lessee, its officers, agents, permittees, and invitees. It is specifically acknowledged by the Parties that Lessee shall not be responsible for any damage caused to the Premises or Personal Property by any person, group or entity, other than Lessee, to whom Lessor has leased, rented, or otherwise permitted to use, said Premises or Personal Property. Quarterly inspections by Lessee and Lessor of the facilities shall be conducted as agreed by the Parties to ensure facility is maintained properly. Lessee agrees to have monthly meetings with City Staff as agreed to by the Parties. Lessee agrees to make no permanent physical changes to the Premises, including the Theater, kitchen or any other room that Lessee has permission to operate in. SECTION 9. Security During the hours of Lessee's use of the Premises, security shall be provided by Lessor. The Parties agree that, in no event, shall food or drink be allowed inside the theater auditorium. SECTION 10. Damalle or Destruction Lessee shall notify Lessor in writing immediately upon the occurrence of any damage to the Premises. If the Premises are only partially damaged, this Lease shall remain in effect and Lessor shall restore Premises to the condition existing on delivery of possession to Lessee as soon as possible. In the event that the partial damage to the Premises interferes with Lessee's ability to produce revenue through its use of the Premises, Lessee's rent shall be abated during the restoration period. In the event of substantial or total destruction of the Premises, Lessor and Lessee each shall have the option to terminate this Lease within thirty (30) days of such destruction, in which event this Lease shall cease and terminate as of the date of such notice and both Parties shall be released without further obligation. For the purposes of this Section 11, substantial destruction shall be deemed to be one- third (1 /3) or more of the full replacement cost of the Premises as of the date of destruction. SECTION 11. Termination By Lessor Lessor may, upon three (3) days notice in writing to Lessee for rent and thirty (30) days notice in writing to Lessee for covenants, and utilizing due process of law, terminate this Lease without liability to Lessor in the event of failure by Lessee to comply with any of the terms or conditions or agreements hereof. When public necessity as determined by the City Administrator so requires, Lessor may temporarily take immediate possession of the Premises. Notwithstanding the foregoing paragraph, in the event of termination under this Section 12, Lessee shall be allowed fifteen (15) days after written notice within which to cure the failure or default which gave rise to such termination; provided, however, if the nature of Lessee's default for covenants is such that more than fifteen (15) days are reasonably required for its cure, 3 17-6053/166587/RLS 10/2/17/DKO then Lessee shall not be deemed to be in default if Lessee commences such cure within said fifteen (15) day period and thereafter diligently prosecutes such cure to completion. SECTION 12. Termination by Lessee Lessee may, upon three (3) days notice in writing to Lessor for breach or default by Lessor, terminate this Lease without liability to Lessee in the event of failure by Lessor to comply with any of the terms or conditions or agreements hereof. Notwithstanding the foregoing paragraph, in the event of termination under this Section 13, Lessor shall be allowed fifteen (15) days after written notice within which to cure the failure or default which gave rise to such termination; provided, however, if the nature of Lessor's default for covenants is such that more than fifteen (15) days are reasonably required for its cure, then Lessor shall not be deemed to be in default if Lessor commences such cure within said fifteen (15) day period and thereafter diligently prosecutes such cure to completion. Lessee may terminate this Lease without cause by giving thirty (30) days prior written notice to Lessor. SECTION 13. Inspection By Lessor Lessee shall permit Lessor or Lessor's agents, representatives or employees to enter said Premises at all reasonable times for the purpose of inspecting said Premises to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect Lessor's interest in said Premises under this Lease or to perform Lessor's duties under this Lease. SECTION 14. Surrender of Premises On expiration or sooner termination of this Lease, and any extensions thereof, Lessee shall promptly surrender and deliver the Premises to Lessor. SECTION 15. Quiet Possession If Lessee pays the rent and complies with all other terms of this Lease, Lessee may occupy and enjoy quiet possession of the Premises for the full Lease term, and any extensions thereof, subject to the provisions of this Lease. SECTION 16. Si na e Lessee can provide temporary signage as approved by Library Director. SECTION 17. Lessee's Personal Property Lessor and Lessee hereby acknowledge and agree that Lessee may, from time to time, install Lessee's personal property, including, without limitation, sets, furnishings, scrims, lighting equipment and sound equipment. Such personal property shall remain the personal property of Lessee during the term of the Lease, and any extensions thereof and shall be removed by Lessee at the expiration, or any sooner termination, of the Lease. 4 17-6053/166587/RLS 10/2/17/DKO SECTION 18. Assignment and Subleasing Provided that Lessee is not in default under the Lease, and after the Commencement Date, Lessee shall be permitted to assign and/or sublease all or any portion of the Lease or the Premises with the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. SECTION 19. Warranty and Representation Lessor warrants and represents to Lessee that the building is constructed in a first-class manner and in full compliance with all governmental regulations, ordinances and laws existing at the time of construction. SECTION 20. Insurance A. Workers' Compensation and Employers' Liability Insurance Lessee acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Lessee covenants that it shall comply with such provisions prior to the commencement of this Lease. Lessee shall obtain and furnish to Lessor workers' compensation insurance per statutory limits and employers' liability insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Lessee shall require all sublessees and contractors to provide such workers' compensation and employers' liability insurance for all of the sublessees' and contractors' employees. Lessee shall furnish to Lessor a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Lessee shall similarly require all sublessees and contractors to waive subrogation. B. General Public Liability Insurance In addition to the workers' compensation and employers' liability insurance and Lessee's covenant to defend, hold harmless and indemnify Lessor, Lessee shall obtain and furnish to Lessor, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Lessee's use of the Premises. This policy shall name City, its officers, elected or appointed officials, employees, agents and volunteers as additional insureds, on separate additional insured endorsement(s) covering both ongoing and completed operations, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for the Premises. This policy shall name Lessor, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Lease shall be deemed excess coverage and that Lessee's insurance shall be primary. 5 17-6053/166587/RLS 10/2/17/DKO Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. C. Property Insurance Lessee shall provide before commencement of this Lease and shall obtain and furnish to Lessor, at Lessee's sole cost and expense, property and fire insurance with extended coverage endorsements thereon, by a company acceptable to Lessor authorized to conduct insurance business in California, in an amount insuring for the full insurable value of the Premises and all Improvements, Trade Fixtures, personal property whether or not owned or leased by Lessee, and all trade inventory in or on the Premises against damage or destruction by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming Lessee as the insured and shall not contain a coinsurance penalty provision. The policy shall also contain an endorsement naming Lessor as an Additional Insured. The policy shall contain a special endorsement that such proceeds shall be used to repair, rebuild or replace any such Improvements, Trade Fixtures, personal property whether or not owned or leased by Lessee, and all trade inventory so damaged or destroyed; and if not so used, such proceeds (excluding any insurance proceeds for Trade Fixtures, personal property whether or not owned or leased by Lessee, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to Lessor. The policy shall also contain a special endorsement that if the Premises are so destroyed and either party elects to terminate the Lease, the entire amount of any insurance proceeds shall be paid to Lessor. The proceeds of any such insurance payable to Lessor may be used, in the sole discretion of Lessor, for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s) as Lessor sees fit. This policy shall also contain the following endorsements: (1) The insurer shall not cancel or reduce the insured's coverage without (30) days prior written notice to Lessor; (2) Lessor shall not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with Lessor prior to the execution of this Lease. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed shall be filed with Lessor. D. Increase in Amount of General Public Liability and Property Insurance Not more frequently than once every two (2) years, if, in the sole opinion of Lessor, the amount and/or scope of general public liability insurance and/or property insurance coverage above at that time is not adequate, Lessee shall increase the insurance coverage as reasonably required by Lessor. 6 17-6053/166587/RLS 10/2/17/DKO E. Certificates of Insurance; Additional Insured Endorsements Prior to commencement of this Lease, Lessee shall furnish to Lessor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Lease; these certificates shall: (1) provide the name and policy number of each carrier and policy; (2) shall state that the policy is currently in force; and (3) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of Lessor; however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium, which 10-day notice provision shall not apply to property insurance set forth above. Lessee shall maintain the foregoing insurance coverages in force during the entire term of the Lease or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from Lessee's defense, hold harmless and indemnification obligations as set forth in this Lease. Lessor or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. Lessee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. F. Insurance Hazards Lessee shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this Lease. Lessee shall, at its sole cost and expense, comply with all requirements of any insurance carrier providing any insurance policy for the Premises or required by this Lease necessary for the continued maintenance of these policies at reasonable rates. SECTION 21. Lessee as Nonprofit OrlZanization Lessee has represented that it is a nonprofit organization. As such, Lessee shall, prior to the effective date of this Lease, provide Lessor with evidence of its nonprofit status. SECTION 22. Non -recyclable items prohibited. All foods and beverages shall be sold in recyclable paper or plastic containers. No pull - top cans or Styrofoam containers are to be vended or dispensed from the Premises by Lessee. Lessor may from time to time review the items sold and containers or utensils used or dispensed by Lessee for purposes of monitoring compliance with this section. SECTION 23. Partial Invalidity If any of the provisions of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected thereby. 7 17-6053/166587/RLS 10/2/17/DKO SECTION 24. Good Faith Whenever this Lease grants Lessor or Lessee the right to exercise discretion, establish rules and regulations or make allocations or other determinations, Lessor and Lessee shall act reasonably and in good faith, and subject to the next sentence, take no action which might result in the frustration of the reasonable expectations of the Lessee and Lessor concerning the benefits to be enjoyed under this Lease. In no event shall the preceding sentence prohibit or impair either party's rights under the Lease in the event of a breach by the other party. SECTION 25. Entirety The foregoing, including any exhibits attached hereto and incorporated herein, sets forth the entire agreement between the parties. SECTION 26. Superseding of Prior Lease This Lease shall supersede and replace any existing lease agreements for the Premises currently or previously entered into by the Parties and all supplemental agreements, if any, entered into by the Parties regarding the leasing of the Premises. SECTION 27. Nondiscrimination Lessee and its officers, agents, and employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person in the performance of this Lease or the use of the Premises. SECTION 28. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of California. SECTION 29. Notices All notices, demands and other communications required or permitted under the provisions of this Lease shall be in writing, unless otherwise specifically specified to the contrary, sent by personal delivery, by messenger, by telegram or by registered or certified first class mail, postage prepaid, return receipt requested, to the party or parties herein specified to receive such notices, demands or other communications at the following addresses, or at such addresses as the Parties shall from time to time designate in writing: LESSOR: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attention: Deputy Director of Economic Development LESSEE: BEACHPOINT CHURCH �- IF"V\ 9 a70 2 Attention: Chief 0iiiancial Officer 8 17-6053/166587/RLS 10/2/17/DKO IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by and through their authorized officers the day, month, and year first above written. BEACHPOINT CHURCH, a Californi Nonp fit Corporation By: P&4— R. 2E94t-- print nawc ITS: (circle one) hA an/P esident/Vice President AND By: `\ p41t name ITS: (circle one)(ecreta Chief Financial Officer/Asst. Secretary - Treasurer 9 17-6053/166587/RLS 10/2/17/DKO CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California m 0 Mayor APPROVED AS Attorney ,ply (,E)WI ) PI' INITIAT D AND APPROVED: y' A -' a/,,, da-^&- 4 Assistant City Manager REVIE E D APPROVED: City,Manager ACORO0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Church & Casualty Ins Agency Inc Irvine Ave Newport Beach CA 92660 CONTACT NAME: Yolanda Romero PHONE (800) 995-7525 aC No: (800)995-7521 Est), I3440 E-MAIL ADDRESS: yolanda@churchandcasualt com y' INSURERS AFFORDING COVERAGE NAIC # INSURERA:Church Mutual Insurance Co 18767 INSURED FIRST BAPTIST CHURCH OF FOUNTAIN VALLEY DBA BEACHPOINT CHURCH AND VALLEY DAY PRESCHOOL 17415 MAGNOLIA ST FOUNTAIN VALLEY CA 92708-3395 INSURER B INSURERC: INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER:CL1692248971 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSD WVDSUBR POLICY NUMBER MM/DDPOLICY /YYYY) (MMIDDIYYYY1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADEFx OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 X MED EXP (Any one person) $ 15,000 0173562-02-792906 4/27/2015 4/27/2018 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 51000,000 PRO ElLOC POLICY El JECT APPROV OAST X PRODUCTS -COMP/OP AGG $ 2, 000, 000 $ OTHER:M AUTOMOBILE LIABILITY By: ( Ti COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS Tt�uyg�G' C 0173562 9+�l92rt". GATE CITY ATTORNEY CITY OF HUNTINGTON MACH 7/09/2017 7/09/2018 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS Ix AUTOS A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE 0173562-81-792907 4/27/2017 4/27/2019 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A 0173562-07-974195 4/1/2017 4/1/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEq $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Evidence of insurance for use of facilities located at 7111 Talbert Avenue, Huntington Beach, CA 92648. Certificate holder is named additional insured but only with respects to the premises leased to the Named Insured, subject to policy terms, conditions and exclusions. *Waiver of subrogation applies to Workers Compensation. *See attached A2014.1 Endorsement(primary wording). 11109H GU f id Vfl<1 WE G lei City of Huntington Beach, Its officers, e appointed officials, employees, agents an Attn Deputy Director of Economic Developm 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE olanda Romero/YOLAND ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. PERSON OR ORGANIZATION % of the California workers' compensation premium SCHEDULE CITY OF HUNTINGTON BEACH ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ATTN: DEPUTY DIRECTOR OF ECONOMIC DEVELOPMENT 2000 MAIN ST HUNTINGTON BEACH CA 92648 JOB DESCRIPTION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-01-17 Policy No. 0173562-07-974195 Endorsement No. 002 Insured FIRST BAPTIST CHURCH OF FOUNTAIN Premium $ INCL. Insurance Company CHURCH MUTUAL INSURANCE COMPANY Countersigned By 75 -75133 ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. Agent THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION FOR SPECIFIC ACTIVITY - PRIMARY Additional Insured Person(s) or Organization(s): Name: Clty of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteer Address:Attn Deputy Director of Econimic Development 2000 Main Street Huntington Beach CA 92648 City State Zip Activity: Use of facilities located at: 7111 Talbert Avenue, Huntington Beach, CA 92648. Date(s): 12/1/2017 - 4/27/2018 Policy Number: 0173562-02-792906 The General Liability Additional Provisions Form is amended to add the following: The Who is An Insured paragraph is amended to include as an insured the person(s) or organization(s) as shown above, but only with respect to "bodily injury," "property damage," "personal injury," and "advertising injury " liability arising solely out of the operations of the Named Insured that are directly related to the activity shown above and only for the dates shown above. Subject to paragraph one above, the insurance provided by this endorsement is primary to any applicable insurance issued specifically to the person(s) or organization(s) identified above and no insurance of the person(s) or organization(s) listed above shall be called on to contribute to a loss, notwithstanding any provision to the contrary in the General Liability Coverage Form. The insurance afforded by this endorsement shall not be canceled except after 30 days prior written notice has been given to the insured organization listed above. A2014.1 (12 07) Copyright, Church Mutual Insurance Company, 2007 Page 1 Of 1 Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk November 30, 2017 Beachpoint Church Attn: Chief Financial Officer 17415 Magnolia Street Fountain Valley, CA 92708 Dear Mr. LeBar: Enclosed is a fully executed copy of the "Lease Agreement Between The City of Huntington Beach and Beachpoint Church for Nonexclusive Use of the Huntington Beach Central Library." Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand