HomeMy WebLinkAboutDOWNEY SAVINGS AND LOAN - 1997-12-01ItITY OF HUNTINGTON BEAC91
MEETING DATE: December 1, 1997 DEPARTMENT ID NUMBER: 97-9
Council/Agency Meeting Held: la2i f 9-
1,Ob' 1 °
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Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied
4 City Clerl s Signature
Council Meeting Date: December 1, 1997
Department ID Number: 97-9
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
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SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
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SUBMITTED BY:
MICHAEL T. UBERUAGA, City Administratord�A'j
PREPARED BY:
RON HAYDEN, Director of Library Services PH -
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SUBJECT:
Approve ATM at the Central Library and Cultural Center
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Statement of Issue: The Central Library and Cultural Center needs an ATM and the City
Council must approve an agreement to offer this service.
Funding Source: Not Applicable.
Recommended Action: Approve an agreement between Downey Savings and Loan
Association and the City for an ATM at the Central Library and Cultural Center.
Library Board Action: At its regular meeting of November 18, 1997, the Library Board of
Trustees took the following action: Motion: Moved by Silverman and Second by Marrs, the
Library Board recommends to the City Council that an ATM be placed in the Central Library
& Cultural Center and that revenue generated from this source be placed into the Library
Service Fund, by a unanimous vote. (Library Board Transmittal attached.)
Alternative Action(s):
1. Do not approve the agreement and direct staff to solicit more bids.
2. Choose another financial institution that provides less revenue.
3. Approve the agreement and deposit the revenue into either the General Fund or the
Library Services Fund.
ATM.DOC
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11/25/97 9:37 AM
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REQUEST FOR ACTION
MEETING DATE: December 1, 1997 DEPARTMENT ID NUMBER: 97-9
Analysis: At the Council meeting of November 17, 1997 the Council directed that staff
return with a policy on where specifically generated funds should be deposited. Staff is only
returning:with the approval of the ATM contract at this time.
The Library has had numerous requests from both patrons and Library Affiliated Groups for
an ATM within the Central Library. The Library Support Groups (Friends of the Library Gift
Shop and book sales, Children's Friends of the Library programs, Library Patron's programs,
Huntington Beach Playhouse, etc.) have revenue generating programs which could increase
sales if an ATM were available. This machine will be located near the Friends of the Library
Gift Shop. The ATM will also enhance the Library's potential for generating revenue by
providing cash access for room rentals, media material, fines and fees.
Request for Proposals were sent to a total of twelve (12) firms offering ATM services. Five
(5) responded, including: Bank of America, Downey Savings and Loan, Union Bank of
California, Wells Fargo, and California Federal Savings Bank. In comparing the responses,
Downey was selected due to their charging no penalty for minimal transactions. Downey's
proposal includes a fee structure of $.25 per transaction.
It is estimated that there will be a minimum of 3,600 annual or 10 per day transactions
generating $900. In that the ATM is located within the Library Expansion and will be used to
generate revenue to assist in offsetting the expansion costs. It was originally recommended
that the revenue be deposited into the Library Service Fund; however, the fund for the
deposit of the $.25 per transaction will be considered at a later date after a review by a
Department Head Committee is completed.
Environmental Status: Not Applicable
Attachment(s):
1. Agreement with Downey Savings and Loan Association
2 Certificates of Insurance
3. Library Board Transmittal
ATM.DOC -2- 11/25/97 3:34 PM
(5) • 12/01//97 - Council/Agency Agenda - Page 5
• Z.
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of
the City Council/Redevelopment Agency regular meetings held on October 6, 1997 and
November 17, 1997 as written and on file in the Office of the City Clerk. Submitted by
the City Clerk
[Approved and Adopted 7-0]
E-2. (City Council) Approve ATM (Automated Teller Machine) At The Central Library
And Cultural Center - Goldenwest StreetlTalbert Avenue - (600.10) Approve and
authorize execution by the Mayor & City Clerk of the License Agreement between the
City of Huntington Beach and Downey Savings & Loan for an ATM (Automated Teller
Machine) at the Central Library and Cultural Center. and appFeve deposit of Fevenue
Submitted by the
Library Services Director
[Approved 7-0]
E-3. (City Council) Approve Compensation For Fire Department Special Assignments
(720.10) - Authorize the Acting City Administrator to provide a 5% compensation increase
to two Fire Division Chiefs and the Fire Department Analyst Senior beginning
November 1, 1997 and lasting until the Acting Assistant City Administrator/Fire Chief is
returned to his normal duties as Fire Chief. Submitted by the Acting Assistant City
Administrator -Fire Chief
[Approved 7-0]
E-4. (City Council) Adopt Resolution No. 97-81 - To Execute Program Supplement
Agreement No 003-M To State Of California Master Agreement For The Yorktown
Avenue Vertical Realignment Project - CC-910 (600.20) - Adopt Resolution No. 97-
81 - "A Resolution of the City Council of the City of Huntington Beach Authorizing the
Mayor and city Clerk to Execute Program Supplement No. 003 to Agreement 12-5181,
Modified November 29, 1995 for Yorktown Avenue from Coldwater Lane to Vasile
Circle." Submitted by the Public Works Director
[Adopted 7-01
rm-6 (City Cap ncill A --iha�imw4inn To A Ward f-nna ft, w�inn Cnniran4 Tn CMi` ConsAn&GUgg
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[Removed From Agenda At Request Of Acting City Administrator]
(6)
ATTACHMENT #1
LICENSE AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND DOWNEY SAVINGS & LOAN
TABLE OF CONTENTS
Section No.
Page No.
1.
Definitions
1
2.
Agreement of the Parties
2
3.
Original Term .
3
4.
Option to Extend
3
5.
Termination
4
6.
Hold Over
7
7.
License Fee
8
8.
Book and Records
9
9.
Statement of Transactions
9
10.
Permitted Use
10
11.
Personnel
11
12.
Construction Installation
12
13.
Operation of the ATM
12
14.
Payment of Utility Charges
13
15.
Personal Property Taxes
13
16.
Real Property Taxes
13
17.
Maintenance. •and:_Repair =
14
18.
Security
15
19.
Confidentiality.
16
20.
Inspection by Licensor
16
21.
Surrender of Premises
17
22.
Installation and.Removal of Trade Fixtures
17
23.
Trade Fixtures as Security for License
17
24.
Unremoved Trade Fixtures
18
25.
Signs
18
26.
Partial Destruction
19
27.
Total Destruction
19
28.
Insurance Proceeds
19
29.
Condemnation Compensation
20
30.
Relocation and Assistance
20
31.
Subleasing or Assigning as Breach
20
32.
Abandonment b; Licensee
21
33.
Default by Licensee
22
34.
Insolvency of Licensee
22
35.
Cumulative Remedies
23
36.
Waiver of Breach
23
37.
Force Majeure - Unavoidable Delays
23
38.
Care of Premises - Maintenance Deposit
23
39.
Emergency Closing or Closing to Effect Repair/Remodeling
24
40.
Deliveries of Supplies
24
41.
Notice .
24
42.
Licensee' Right to Renegotiate License
25
ImpAddowney/9/17/97 - i /
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TABLE OF CONTENTS - continued
Page No.
Section No.
43.
iinsurance Hazards
25
44.
:-Waste or Nuisance
25
45.
Compliance with Law
26
46.
Disclaimer
27
47.
Binding on Heirs and Successors
27
48.
Partial Invalidity
27
49.
Sole and Only Agreement
27
50.
Time of Essence
28
51.
Indemnification, Defense, Hold Harmless
28
52.
Workers Compensation
28
53.
Insurance
29
54.
Severability
30
55.
Governing Law
30
56.
Binding Effect
30
57.
Captions
30
58.
Relationship of the Parties
31
59.
Attorney 1 aes .
31
60.
Entirety
31
Jmp/k/downey/9/17/97 ii
LICENSE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND DOWNEY SAVINGS & LOAN
THIS LICENSE AGREEMENT is made and entered into this_eday of
199Z, by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of the
State of California (hereinafter referred to as "LICENSOR"), and DOWNEY SAVINGS & LOAN
ASSOCIATION, F.A., a federal association, having a principal office and place of business in
Newport Beach, California, (hereinafter referred to as "LICENSEE").
WHEREAS, LICENSOR owns certain real property, known as the Huntington Beach
Library Information and Cultural Resource Center in the City of Huntington Beach, and
LICENSEE desires to license a portion of the aforesaid real property in the manner set forth
below.
NOW, THEREFORE, the parties covenant and agree as follows:
SECTION 1. DEFINITIONS
For purposes of this Agreement, the following terms shall have the following meanings:
(a) "Automated Teller Machine" or "ATM' shall mean an electronic information
processing device which accepts or dispenses cash in connection with a credit or deposit
account, but shall not include any device used solely to facilitate check guarantees or check
authorizations or used in connection with the acceptance or dispensing of cash on a person -to -
person basis, such as by a store cashier.
(b) "Common Areas" shall mean (1) the areas within the Library where Huntington
Beach residents and other visitors are permitted and (ii) and the parking areas, sidewalks, and
other common facilities of the Library of which the Library is a part.
(c) "Effective Date" shall mean the date of this License.
jmp/k/downey/9/17/97
(d) "Fee Commencement Date" shall mean that date the License Fee first
becomes due and payable. The Fee Commencement Date shall occur on the date LICENSEE
Commences business from the Library.
(e) "License Fee' shall mean the fee set forth in Section 7 hereof with respect to
the Basic Term or any of the Renewal Terms, as the case may be. The License Fee shall be
payable without deduction, offset, abatement, notice, or demand except as otherwise
expressly provided in this Agreement.
(f) "Premises" shall mean that space licensed hereunder consisting of
approximately eight (8) square feet located in the portion of the Library cross -hatched on
Exhibit "A" attached hereto (or to be attached hereto within thirty (30) days following the
Effective Date). and incorporated herein by this reference.
(g) "Property" shall mean that certain real property located at 7111 Talbert
Avenue, Huntington Beach, California 92648, which is owned by LICENSOR as of the date of
this Agreement.
(h) "Library" shall mean the Central Library and Cultural Center in the City of
Huntington Beach.
SECTION-2. AGREEMENT OF THE PARTIES
LICENSOR grants a License to LICENSEE, and LICENSEE'S employees, agents,
servants, licensees, customers, and invitees a limited, revocable license to use the Premises
(the "License"), selected by the LICENSOR and LICENSEE and shown on Exhibit "A"
attached for the installation, maintenance and use of an ATM as provided in this Agreement
and a non-exclusive license to use the Common Areas in accordance with the terms and
conditions set forth herein. LICENSEE agrees to furnish an ATM for use at the Property, and
to install, operate, maintain, service and repair the ATM (including any replacement ATM) as
provided in this Agreement, and to pay the fee provided.
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SECTION 3. ORIGINAL.TERM
(a) This License shall be for a term of five (5) years commencing at 12:01 A.M. on
the effective date of this License Agreement, and ending at 12:01 A.M. five (5) years from this
date, unless sooner terminated as herein provided.
(b) If the LICENSEE ATM is not operating for business in the Premises to the public
during -the hours LICENSOR operates the Library, for an aggregate of thirty (30) days or more
in any six (6) month period for any reason (subject to those exceptions set forth in Paragraph
13(d) below) for any reason other than the default of LICENSOR under this Agreement, such
failure shall constitute a default under this Agreement, in which event LICENSOR shall have all
rights and remedies as set forth under this License.
SECTION 4. OPTION TO EXTEND
(a) LICENSEE is hereby granted and shall, if not then in default under this License ,
have.an option to extenk'.-the.term of this License for an additional period of two five (5) year
extension by mutual agreement only:from the expiration of this License , exercisable by
LICENSEE with City Council approval upon no less than six (6) months prior written notice, on
the same terms, covenants, and conditions and subject to the same exceptions and
reservations contained in this License. The City Councils approval to LICENSEE's exercise
of an option to extend the term of this License shall not be withheld if LICENSEE is, at the
time of the exercise of an option, in full compliance with the terms of this License .
(b) Notwithstanding any other provision of this Agreement, if LICENSEE elects not
to extend the term of this Agreement or this Agreement is otherwise terminated for any reason,
LICENSEE shall take prompt action to obtain all necessary regulatory approvals and provide
any and all required notices to consumers for the closure or relocation of the Premises and to
proceed to close the Premises and remove its improvements, signs, and personal property
from the Library. Until all such regulatory approvals are obtained and the Premises is closed,
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this Agreement shall continue on .a month -to -month basis on the same terms and conditions as
contained herein and at the License Fee applicable to the period immediately preceding
LICENSEE's election not to extend this Agreement or such other termination.
SECTION 5. TERMINATION
This -Agreement may terminate under any of the following circumstances:
(a) The parties agree that in the event the Fee Commencement Date has not
occurred by one hundred eight (180) days from the Effective Date, then either party shall be
entitled to terminate this Agreement by giving thirty (30) days' prior written notice. If this
Agreement is terminated, each of the parties hereto shall be released from any further
obligations hereunder,. unless otherwise agreed by the parties in writing.
(b) Upon expiration of.the Term unless the Term shall have been extended by
written agreement between the parties.
(c) Ten (10) days after notice from LICENSEE to LICENSOR, if an agency of
the United States or California government having authority over the banking operations of
LICENSEE promulgates a rule or regulation prohibiting LICENSEE from providing the ATM
services contemplated by this Agreement.
(d) Notwithstanding any provision of this Agreement or any implied covenant to -the
contrary, LICENSOR sh:.11 have the right to terminate this Agreement effective upon thirty (30)
days written notice to' LICENSEE in the event of any of the following occurrences:
(1) LICENSEE's failure to make any payment of the License Fee when the
same is due, and LICENSEE's failure to cure such default within ten (10) days following written
notice thereof by LICENSOR to LICENSEE;
(2) LICENSEE's failure to make any payment required hereunder (other
than a payment of the License Fee) when the same is due and LICENSEE's failure to cure
such default within thirty (30) days following written notice thereof by LICENSOR to LICENSEE
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except to the extent that LICENSEE provides LICENSOR with written notice prior to the
expiration of said thirty (30) day period that LICENSEE disputes LICENSOR's calculation or
other determination of the amount of any such payment and thereafter proceeds in good faith
toy=promptly resolve said dispute and in fact resolves such dispute within ten (10) days
thereafter;
(3) A non -monetary default under this Agreement which is not cured within a
period of thirty (30) days after receipt of written notice thereof from LICENSOR to LICENSEE.
If the default is of such a nature that the same cannot be rectified or cured within said thirty
(30) day period, then such default shall be deemed to be rectified or cured if LICENSEE shall,
within the thirty (30) day period, commence to rectify and cure the same and shall thereafter
complete such rectification and cure with due diligence;
(4) LICENSEE's failure, after the Effective- Date, to operate the Premises as
an ATM, providing at a minimum those,services.required for a fully functional ATM as
described in Paragraph 1(a) above, for an aggregate of thirty (30) days in any six (6) month
period for any reason (,except (i) during a temporary closure of the Library by LICENSOR, (ii)
closings of reasonable duration for alterations and redecorating, (iii) Force Majeure or (iv)
during a strike, boycott, lockout or other labor disturbance which, in LICENSEE's reasonable
determination, would endanger LICENSEE's employees or customers);
(5) LICENSOR's "Permanent Closure" of the Library; or
(6) The default by LICENSEE under any other agreement between
LICENSOR and LICENSEE for the operation of an ATM within a Library operated by
LICENSOR, which default remains uncured beyond any cure period provided in such
agreement.
In the event of any default by LICENSEE under Sections 5(d)(1), 5(d)(3),
or 5(a)(4) of this Agreement, in addition to the right of termination and any other remedies
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available to LICENSOR at law or in equity, LICENSOR shall have the right to exercise the
following remedies:
•(A) Recovery from LICENSEE all damages allowed under Section
. 1951.2_of the California Civil Code, including without limitation, the worth at the time of
the award of the amount by which the unpaid fee for the balance of the Term after the
time of award exceeds the amount of such fee loss for the same period that LICENSEE
proves could be reasonably avoided; or;
(B) Not terminate this Agreement or LICENSEE's right to possession
because of the default, but continue this Agreement in full force and effect in
accordance with the provisions of Section 1951.4 of California Civil Code or any
successor statute.
.(C). No reentry on the Premises shall be construed as an election by
LICENSOR to terminate LICENSEE's right to possession and this agreement • unless -a
written nol;ce ot:termination is given by LICENSOR to LICENSEE.
(D) Unless otherwise specifically provided in this Agreement, any
sum accruing to LICENSOR under this Agreement which is not paid when due shall
bear interest at the rate of ten percent (10%) or the maximum that may be charged
under California usury law, whichever is less, from the date the sum becomes due until
paid. LICENSEE's obligation to pay interest as set forth in the immediately preceding
sentence shall b,a in addition, and not in lieu of, the Late Charge set forth in Section 40
below.
(E) Notwithstanding any provision of this Agreement or any implied
covenant to the contrary, LICENSEE shall have the right to terminate this Agreement
effective upon thirty (30) days' written notice to LICENSOR in the event of any of the
following occurrences:
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(i) A non -monetary default under this Agreement which is not timely cured
by LICENSOR. LICENSOR shall not be in default under this Section if
LICENSOR cures such non -monetary default within a period of thirty (30)
days after receipt of a written notice thereof from LICENSEE to
LICENSOR. If the default is of such a nature that the same cannot be
rectified or cured within said thirty (30) day period, then such default
shall be deemed to be rectified or cured if LICENSOR shall, within the
thirty (30) day period, commence to rectify and cure the same and shall
thereafter complete such rectification and cure with due diligence; or;
(ii) A regulatory agency of LICENSEE deems the operation of the ATM is
not within the allowable business activities of LICENSEE or any
successor of LICENSEE.
(iii) The ATM fails to generate an average of 1500individual transactions per
month during any six (6) month period.
SECTION 6. HOLD OVER
Should LICENSEE hold over and continue in possession of said Premises after
expiration of the terms of this License or any extension thereof, LICENSEE's continued
occupancy of said Premises shall be considered a month -to -month tenancy subject to all the
terms and conditions of this License insofar as applicable to a month -to -month tenancy. If,
however, LICENSEE should remain in possession of the Premises after the expiration of the
Term (including any Renewal Term) without the consent of LICENSOR, LICENSEE shall pay
LICENSOR a License Fee during the holdover period 125% of the License Fee payable to
LICENSOR for the month immediately preceding the holdover period. If LICENSEE fails to
surrender the Premises upon the termination of this Agreement, LICENSEE shall indemnify
and defend LICENSOR against and hold LICENSOR harmless from loss or liability resulting
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from such failure, including, without limitation, any claims made by any succeeding occupant of
the Premises arising out of such failure and the legal costs to defend against such claims.
SECTION 7. LICENSE FEE
` - LICENSEE agress to pay to Huntington Beach Library a License Fee in an amount
equal to Twenty-five Cents ($.25) per ATM transaction. Notwithstanding anything in this
Agreement to the contrary., said fee shall only be due and payable if actually collected by
LICENSEE. The License Fee shall be payable in arrears on the twentieth (20th) day of each
calendar month during the Basic Term and any applicable Renewal Term for the prior calendar
month. Payment shall be made payable to Huntington Beach Library, 9111 Talbert Avenue,
Huntington Beach, CA 92648, or at such other place or places as LICENSOR may from time to
time designate by written notice delivered to LICENSEE, within fifteen (15) days after the end
of1he calendar month during which the gross sales on which it was computed were made. A
late charge equal to tert;percent (10%) per month shall be added on the 10th day after any
payment hereunder is due, but unpaid. Any revenue from the use of the ATM in excess of the
License Fee shall'be retained by LICENSEE.
LICENSEE hereby acknowledges that late payment by LICENSEE to LICENSOR of the
LICENSE Fee or of any other sum due hereunder will cause LICENSOR to incur costs not
contemplated by this Agreement, the exact amount of which will be extremely difficult to
ascertain. Such costs include, but are not limited to, processing and accounting charges, and
late charges which may be imposed upon LICENSOR by the terms of any mortgage or trust
deed covering the Libraryy. Accordingly, if any installment of the Licensee Fee or any other
sum due from LICENSEE shall not be received by LICENSOR within five (5) days after written
notice that said amount or statement is past due, then LICENSEE shall pay to LICENSOR a
late charge equal to ten percent (10%) of such overdue amount, plus any attorneys' fees
incurred by LICENSOR by reason of LICENSEE's failure to pay the License Fee and/or other
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charges when due hereunder. The parties hereby agree that such late charges represent a
fair and reasonable estimate of the cost that LICENSOR will incur by reason of the late
payment or delinquent statement by LICENSEE. Acceptance of such late charges by
LICENSOR shall in no event constitute a waiver of LICENSEE's default with respect to such
overdue amount, nor prevent LICENSOR from exercising any of its other rights and remedies
granted hereunder.
SECTION 8. BOOKS AND RECORDS
LICENSEE shall at all times keep or cause to be kept at DSL Service Company, 3501
Jamboree Road, Suite .5000, North Tower, Newport Beach, CA 92660, full, complete, and
accurate records and books of account showing the total number of transactions as defined in
this Article made each calendar month in, on, or from said Premises. LICENSEE agrees to
maintain for a -period of three (3) years following the close of each calendar month all records
and books of account -and all transaction records showing or in any way pertaining to the
number of transactions made in, or from said Premises during such calendar month.
SECTION 9. STATEMENT OF TRANSACTIONS
At the time specified in Section 8 of this License for the payment of the License fee
specified in that section, LICENSEE shall deliver to LICENSOR a true and accurate statement
signed by LICENSEE or by an authorized employee of LICENSEE showing the total
transactions made during the preceding calendar month in, on, or from said Premises and the
amount of License fee then being paid calculated on such transactions pursuant to this
License . LICENSOR may at any time within three (3) years after receiving any such
statement, at its own cost and expense, cause all books, records, and transaction receipts
described in Section 8 of this License for the calendar month purportedly covered by the
statement to be audited by a public or certified public accountant selected by LICENSOR.
LICENSEE shall on receiving written notice of LICENSOR's desires for such an audit deliver
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and make available all such books, records, and transaction receipts to the public or certified
public accountant selected by LICENSOR. Furthermore, LICENSEE shall promptly on demand
reimburse LICENSOR for the full cost and expense of the audit should the audit disclose that
the. questioned statement understated transactions or the License fee payable because of
gross sales by five (5) p3rcent or more.
SECTION-10. PERMITTED USE
(a) LICENSEE shall have the exclusive right to occupy and use the Premises for
the construction, operation, maintenance, repair, and servicing of an ATM, but for no other
use. LICENSEE may provide or promote all financial services which are transacted or
conducted by LICENSEE in the operation of any of its facilities. LICENSEE's exclusive rights
hereunder shall automatically terminate if LICENSEE's ATM is not open for business in the
Premises to the. public for more than an. aggregate of thirty (30) days in any six (6) calendar
month period, for any,. -reason other than the default of LICENSOR under this Agreement.
(b) Each pally shall conduct its business at the Library in a first-class and proper
manner.
r, (c) Subject to "Force Majeure" (as hereinafter defined) following the Effective Date,
the ATM shall be open for business at all times Huntington Beach Library is open and
operating.
(d) LICENSOR reserves the right to prohibit the sale of any item or article or use of
property which is objectionable or beyond the scope of the merchandise necessary for proper
service to the public or public safety.
(e) The prices for transaction shall be fixed by LICENSEE.
(f) LICENSEE shall cooperate in cooperative marketing programs (e. g. coupon
advertising) that can be mutually agreed upon
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(g) LICENSEE shall have a 60-day right to first refusal in the event LICENSOR
requests an additional ATM location at the Huntington Beach Library Information and Cultural
Resource Center. Further, LICENSEE shall have a 7-day right to first refusal for the provision
of temporary ATM kiosks upon request by LICENSOR.
(h) LICENSEE may, at its own expense, advertise the existence and location of the
ATM on the Premises in such media and in such manner as each deems appropriate.
(1) LICENSOR acknowledges and agrees that LICENSEE's trademarks and
tradenames are solely the property of LICENSEE, and that this Agreement does not in any
way grant LICENSOR the right to use same. Full title and all rights with respect to such
trademarks and tradenames shall be and remain the property of LICENSEE.
SECTION 11 PERSONNEL
(a) LICENSEE shall- be solely responsible for the hiring of its personnel for the
maintenance and servicing: of-the.:ATM at all times during the Basic Term and any Renewal
Terms under this Agreement.
(b) LICENSEE and Huntington Beach Library shall each, at is own cost and
expense, maintain workers' compensation coverage, unemployment compensation coverage
and any other insurance which may be required by law with. respect to its respective
employees. LICENSEE and Huntington Beach Library shall each be solely responsible for the
payment of all salaries, compensation, withholding taxes, health and welfare benefits, and
other similar charges asEociated with the employment of its respective employees. Should any
such assessment be made against either party with respect to the other's employees, each
party expressly agrees to indemnify the other and hold the other harmless from any such
assessment or liability. Compensation and benefits payable by LICENSEE and Huntington
Beach Library to or on account of their respective employees shall be provided by each party
in accordance with such policies and procedures as each party, in its sole discretion, shall
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adopt, provided that all such compensation and benefits comply with all applicable state and
federal laws.
SECTION 12. CONSTRUCTION/INSTALLATION
(a) Construction. LICENSEE shall construct its improvements, as it may require for
the proper and appropriate operation and identification of its ATM(s) in a manner consistent
with the quality, design, and aesthetics of the existing surrounding improvements as
determined jointly by L.I.;ENSEE and Huntington Beach Library. Improvements may include,
but are not necessarily limited to, appropriate electrical power from Huntington Beach Library's
nearest appropriate subpanel, telephone line, and interior signage.
(b) Fixture, Equipment and Furnishings. LICENSEE shall furnish all fixtures,
equipment, and furnishings which it deems necessary or desirable for operation and
identification of the ATM(s). Fixtures, equipment, and furnishings may include, but are not
necessarily limited to, telephone,- data, and security cabling from Huntington Beach Library's
backboard(s) to the Premises; telephone, data, and security equipment at Huntington Beach
Library's telephone backboard(s); ATM machine(s), etc.
(c) Site Preparation. Huntington Beach Library will provide the Premises site
(including the surrounding area necessary for the construction of the Premises) free and clear
of merchandise, trade fixtures, equipment, etc.
SECTION-13. OPERATION OF THE ATM
LICENSEE shall replenish cash as required by usage of the ATM and shall provide
receipt(s) and other forms for operation of the ATM as necessary. LICENSOR shall provide
access to the Premises to LICENSEE during normal business hours so that it may carry out its
operation, maintenance, and repair responsibilities.
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SECTION 14. PAYMENT OF UTILITY CHARGES
LICENSEE shall pay, and hold LICENSOR and the property of LICENSOR free and
harmless from, all charges for the furnishing of gas, water, electricity, telephone services, and
other public utilities to said Premises during the term of this License or any extension thereof
and for the removal of garbage and rubbish from said Premises during the term of this License
or any extensions thereof.
SECTION 15. PERSONAL PROPERTY TAXES
LICENSEE shall pay before they become delinquent all taxes, assessments, or other
charges levied or imposed by any governmental entity on the furniture, trade fixtures,
appliances, and other personal property placed by LICENSEE in, on, or about said Premises
including, without limiting the generality of the other terms used in this section, any shelves,
counters, vaults, vault doors, wall safes, partitions, fixtures, machinery, plant equipment, office
equipment, television cr radio antennas,. -or communication equipment brought on said
Premises by LICENSEE.
SECTIONA 6. REAL PROPERTY TAXES
LICENSEE shall not be liable for any of the following taxes and/or assessments related
to LICENSOR's occupancy or us or ownership of the property:
(a) Personal property, fixtures, or equipment taxes assessed against LICENSOR's
property;
(b) Franchise taxes assessed against LICENSOR;
(c) Taxes on LICENSOR's gross rents or profits;
(d) Inheritance, state, gift, income, transfer, or excess profits taxes assessed
against LICENSOR;
(e) Salas taxes payable by LICENSOR; or
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(f) Real property taxes and assessments, including, but not limited to, any fees,
interest, and penalties from any such tax or assessment, assessed against all or any portion of
the Property and the improvements thereon, including, but not limited to, any such taxes and
assessments attributable to the Premises, except for any incremental increase in real property
taxes and/or assessments attributable to the improvements installed in the Premises by or for
LICENSEE or LICENSEE's use of the Premises.
In the event that any unapportioned property tax is assessed against either party
thereto and includes property owned by the other party hereto, LICENSOR and LICENSEE
agree to cooperate to have the portion of such tax that relates to property owned by such other
party assessed to such other party.
All real property taxes or possessory interest taxes and assessments levied or
assessed against said Premises by any governmental entity, shall be paid, before they
become delinquent by LICENSEE:. .
SECTION 17. MAINTENANCE AND REPAIR
(a) Obligations of LICENSEE. LICENSEE shall, at its sole cost and expense
(except for the cost of electrical power, incidental water, and disposal of incidental, expendable
maintenance supplies), maintain its fixtures, equipment, and furnishings as follows:
(1) . LICENSEE shall keep and maintain its fixtures, equipment, and
furnishings in good order and repair, including all transmission lines used by LICENSEE for
computer data and processing and transmission;
(2) LICENSEE shall pay for telephone, data lines, or related services
required for LICENSEE's operations;
(3) LICENSEE shall not be responsible for the maintenance of the Library,
the Common Areas, the improvements, nor the Premises.
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i
s
LICENSEE may, from time to time, alter the improvements or its fixtures,
equipment, and furnishings as an when it deems it necessary in its sole discretion. If the
scope of such alteration(s) requires an expansion or relocation and LICENSOR and
LICENSEE cannot agre:; upon plans that satisfy the required alterations, LICENSEE may
terminate this Agreemei-t.
(b) Obligations of LICENSOR shall, at is sole cost and expense, provide the
following maintenance and services:
(1) LICENSOR shall furnish from facilities presently existing at the Library all
lighting, air conditioning, heating, and other utilities for the Premises;
(2) If for any reason, not the fault of LICENSEE, such utilities are
suspended or discontinued, LICENSOR shall not be liable to LICENSEE for any interruption of
its operations by reason of such suspension or discontinuance, but LICENSEE shall be entitled
to a proportionate; abatement -of -.the License -Fee if the utilities servicing the Premises are
suspended. -or discont?rtded for more than five (5) consecutive business days and as a result,
LICENSEE cannot and does not use the Premises during such period. In such event, the
License Fee shall become payable once such utilities are repaired and/or restored;
(3) LICENSOR .shall keep and maintain the Library, including the Premises
and Common Areas.
SECTION 18. SECURITY
(a) LICENSEE shall have the right, and LICENSOR shall have no obligation, to
provide security for the ATM. LICENSEE shall have the right to have an unarmed security
guard at the ATM at all dimes and to employ a security service (which service may utilize armed
guards) for armored transport deliveries to and from the Premises. Except as set forth in the
immediately preceding sentence, LICENSEE may not utilize armed security guard services at
the ATM. With LICENSOR's prior written consent, which consent shall not be unreasonably
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withheld or delayed, LICENSEE may install such electronic surveillance equipment, security
devices, gates, and othf-r security equipment within the Premises as LICENSEE deems
reasonably necessary.
�.(b) LICENSOR shall have the right, and LICENSEE shall have no obligation, to
provide security for the Library and the rest of the Property excluding the Premises.
(c) LICENSEE hereby releases LICENSOR from any claims, loss, or damage that
LICENSEE might sustain by reason of a robbery of or theft or attempted theft from the
Premises or the Library unless perpetrated by an employee or agent of LICENSOR.
LICENSOR hereby releases LICENSEE from any claims, loss, or damage that LICENSOR
might sustain by reason of a robbery or attempted robbery of or theft or attempted theft from
the Premises or the Library, unless perpetrated by an employee or agent of LICENSEE.
SECTION 19. CONFIDENTIALITY
Each part,%_:acknowledges that. -in connectiomwith this Agreement or in the performance
hereof, it has or will come into possession or knowledge of material and information which is
proprietary to the other party. Each party, therefore, agrees. to hold such material and
information in strictest confidence, not to make use thereof except in the performance of this
Agreement, and not to release or disclose it to any other party with the exception of the parties'
parent companies, subsidiaries, affiliates, attorneys, auditors, and except as may be required
by law. The obligations 0 each party under this Section shall survive the termination of this
Agreement.
SECTION 20. INSPECTION BY LICENSOR
LICENSEE shall permit LICENSOR or LICENSOR's agents, representatives, or
employees to enter said Premises at all reasonable times for the purpose of inspecting said
Premises to determine whether LICENSEE is complying with the terms of this License and for
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the purpose of doing other lawful acts that may be necessary to protect LICENSOR's interest
in said Premises under this License or to perform LICENSOR's duties under this License .
SECTION 21. SURRENDER OF PREMISES
.. On expiration or sooner termination of this License , or any extensions or renewals of
this License, LICENSEE shall promptly surrender and deliver said Premises to LICENSOR in
as good condition,as thay are now at the date of this License , reasonable wear and tear and
repairs herein requi,,ed t,) be made by LICENSOR excepted.
SECTION 22. INSTALLATION AND REMOVAL OF TRADE FIXTURES
LICENSEE shall have the right at any time and from time to time during the term of this
License and any renewal or extension of such term, at LICENSEE's sole cost and expense,
to install and affix in, to, or on said Premises such items, herein called "trade fixture", for use in
LICENSEE's trade or business as LICENSEE may, in its sole discretion, deem advisable. Any
and all such trade1ixtures that. -can be removed without, structural damage to said Premises or
any building or improvements on said Premises shall remain the property of the LICENSEE
and may be removed by LICENSEE at any time prior to the expiration or sooner termination of
this -license .
SECTION 23. TRADE FIXTURES AS SECURITY FOR LICENSE OWNERSHIP
LICENSOR acknowledges that the ATM is the property of LICENSEE, and is shall not
be considered to be a fixture annexed to the Premises. LICENSOR will execute any other
documents reasonably requested by LICENSEE confirming that the ATM remains the personal
property of LICENSEE. LICENSEE may remove the ATM for repairs and maintenance or
replacement upon prior notice to LICENSOR. LICENSEE shall repair any damage to the
Premises resulting from removal or replacement of the ATM, as provided in the Section
captioned "Removal of the ATM". LICENSOR shall not move, remove, alter or tamper the ATM
or tamper with it in any way except with the written permission of LICENSEE.
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(a) Removal of the ATM Upon termination of this Agreement, LICENSEE shall
remove the ATM within thirty (30) business days. Removal of the ATM shall be at the sole cost
of LICENSEE. LICENSOR shall instruct LICENSEE to stub telephone and electrical lines at a
switch°vbox or at the ATM location and LICENSEE shall have no further responsibility with
reference thereto. LICENSEE shall have no obligation to restore floor coverings or otherwise
bring the ATM location to its condition prior to installation, but shall, at its sole cost, repair any
damage caused by the removal of the ATM.
SECTION 24. UNREMOVED TRADE FIXTURES
Any trade fixtures described in this License that are not removed from said Premises by
LICENSEE within thirty (30) days after the expiration or sooner termination, regardless of
cause, of this License shall be deemed abandoned by LICENSEE and shall automatically
become the property of :JCENSOR. as owner of the, real property to which they are affixed.
SECTION_25:. SIGNS'
LICENSEE shall not place nor maintain, nor permit any other person to place or
maintain, on or in any exterior door, wall, or window of said Premises any sign, awning,
canopy, marquee, or other advertising without the express written consent and approval of
LICENSOR. Furthermore, LICENSEE shall not place any decoration, lettering, or advertising
matter on the glass of any interior or exterior shop window of said Premises without the written
approval and consent'-dt LICENSOR. Should LICENSOR consent to any such sign, awning,
canopy, marquee, decoration, or advertising matter, LICENSEE shall maintain jt at all times
during this License in good appearance and repair. On expiration or sooner termination of
this License , any of the items mentioned in this section not removed from said Premises by
LICENSEE on such expiration or termination of this License may, without damage or liability,
be destroyed by LICENSOR. This License is expressly contingent upon approval of all signs
by both LICENSOR and LICENSEE.
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SECTION 26. PARTIAL DESTRUCTION
Should said,Premises of the building on said Premises be partially destroyed by any
cause not the fault of LICENSEE or any person in or about said Premises with the consent,
express or implied, of LICENSEE, this License shall continue in full force and effect and
LICENSEE, at LICENSEE's own cost and expense, shall promptly commence and diligently
continue and complete the work of repairing and restoring said Premises to their prior condition
providing such work can be accomplished under all applicable governmental laws and
regulations within one hundred eighty (180) working days; provided, however, LICENSEE may
terminate this License if LICENSEE gives LICENSOR written notice of LICENSEE's intention
to do so within -sixty (60) days following such a partial destruction.
SECTION 27. TOTAL DESTRUCTION
Should said Premises or the building on said Premises be so far destroyed by any
cause not the fault of LICENSEE or any person in or about said Premises with the consent,
express or implied, of LICENSEE that they cannot be repaired or restored to their former
condition within one -hundred eighty (180) working days, LICENSEE may, at LICENSEE's
option:
. , (a) Continue this License in full force and effect by repairing and restoring, at
LICENSEE's own cost and expense, said Premises to their former condition; or
(b) Terminate this License by giving LICENSOR written notice of such termination.
SECTION 28. INSURANCE PROCEEDS
Any insurance proceeds received by LICENSOR because of the total or partial
destruction of said Premises or the building on said Premises shall be the sole property of
LICENSOR, except LICENSEE shall be compensated for loss to improvements and fixtures
beyond any and all inswrzince proceeds including business interruption insurance which would
ordinarily flow to the benafit of LICENSEE.
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SECTION 29. CONDEMNATION COMPENSATION
All compensation and damages awarded for a total taking of the PREMISES shall
belong to and be the soli property of LICENSOR, and LICENSEE shall have no claim to any
amount or part of any ariard except, however, that LICENSEE shall be entitled to receive the
portion. of any award attributable to the taking of those improvements and fixtures that
LICENSEE has the right to remove under this License but does not remove from the
PREMISES; or when LICENSEE does remove the fixtures or improvements, a reasonable
amount for removal and relocation expenses, provided that amount does not exceed the
market value of the improvements and fixtures.
This License shall have no condemnation value to LICENSEE.
SECTION 30. RELOCATION AND ASSISTANCE
In the event this License is terminated for any legal reason by LICENSOR, LICENSEE
shall not be entitledsto_any relocation rights;or benefits and expressly waives such benefits and
rights under City, State or Federal Relocation Assistance Plans. LICENSEE shall be entitled to
receive non -monetary relocation benefits and LICENSOR shall make every effort possible to
relocate LICENSEE to another available comparable site. However, if another comparable site
is not available upon which to relocate LICENSEE, then, in that event, LICENSEE shall have
no rights to receive monetary assistance and/or monetary benefits.
SECTION 31. SUBLEASING OR ASSIGNING AS BREACH
In the event either party is merged, sold or assigned, then this agreement is terminated.
SECTION 32. ABANDONMENT BY LICENSEE
Should LICENSEE breach this License and abandon said Premises prior to the natural
expiration of the term of this License, LICENSOR may:
(a) Continue this License in effect by not terminating LICENSEE's right to
possession of said Premises, in which event LICENSOR shall be entitled to enforce all rights
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and remedies under this License , including the right to recover the License fee specified in
this License as it becomes due under this License;
(b) Terminate this License and recover from LICENSEE:
(1) The worth at the time of award of the unpaid License fee which
had been earned at the time of termination of the License ;
(2) The worth at the time of award of the amount by which the
unpaid License fee which would have been earned after termination of the License
until the time of award exceeds the amount of rental loss that LICENSEE proves could
have been reasonably avoided;
(3) The worth at the time of award of the amount by which the
unpaid License fee for the balance of the term of this License after the time of award
exceeds the amount of rental loss that LICENSEE proves could be reasonably avoided;
and
(4) Any other amount necessary to compensate LICENSOR for all
detriment proximately caused by LICENSEE's failure to perform its obligations under
..this License .
SECTION 33. DEFAULT BY LICENSEE
Should LICENSEE default in the performance of any of the covenants, conditions, or
agreements contained in this License , LICENSEE shall. have breached the License and
LICENSOR may, .in addition to the remedy specified in this. License , re-enter and regain
possession of said Premises in the manner provided by the laws of unlawful detainer of the
State of California then in effect.
SECTION 34. INSOLVENCY OF LICENSEE
The insolvency of LICENSEE as evidenced by a receiver being appointed to take
possession of all or substantially all of the property of LICENSEE, or the making. of a general
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assignment for the benefit of creditors by LICENSEE, or filing a petition in bankruptcy shall
terminate this License and entitle LICENSOR to re-enter and regain possession of said
Premises.
-SECTION 35. CUMULATIVE REMEDIES
The remedies given to LICENSOR in this Article shall not be exclusive but shall be
cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere
provided in this License .
SECTION 36. WAIVER OF BREACH
The waiver by LICENSOR of any breach by LICENSEE of any of the provisions of this
License shall not constitute a continuing waiver or a waiver of any subsequent breach by
LICENSEE either of the same or another provision of this License .
SECTION 37. FORCE MAJEURE - UNAVOIDABLE DELAYS
Should the -performance of:any act required by this License to be performed by either
LICENSOR or LICENSEE be --prevented or delayed by reason of an act of God, strike, lockout,
labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any
other cause except financial inability not the fault of the party required to perform the act, the
time for performance of the act will be extended for a period equivalent to the period of delay
and performance of the act during the period of delay will be excused; provided, however, that
nothing contained in this section shall excuse the prompt payment of License fee by
LICENSEE as required by this License or the performance of any act rendered difficult solely
because of the financial condition of the party, LICENSOR or LICENSEE, required to perform
the act.
SECTION 38. CARE OF PREMISES - MAINTENANCE DEPOSIT
(a) Any and all graffiti shall be removed by LICENSEE at its own expense from the
licensed Premises within forty-eight (48) hours of notice thereof.
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(b) LICENSEE shall not obstruct, cause or permit any obstruction surrounding the
Premises or any part thereof in any manner whatsoever.
(c) LICENSEE shall comply with all written notice served by LICENSOR with regard
to the care and maintenance of the Premises.
Any written notice hereunder shall specify the work to be done, the estimated cost
thereof, and the period of time deemed to be reasonably necessary for completion of such
work. Should LICENSEE fail to comply with LICENSOR's written notice within fifteen (15)
days, or within a time deemed reasonably necessary of the time specified therein, LICENSEE
shall pay over to LICENSOR the estimated cost of such work as set forth in the notice. Upon
receipt of such sum, LICENSOR shall then proceed to cause the required work to be
performed.
SECTION 39. EMERGENCY CLOSING OR CLOSING TO EFFECT
REPAIR/REMODELING THE PREMISES.
LICENSOR may close the-Plaza�without liability therefore at any time it deems
necessary for the protection of life, limb or property, or upon reasonable notice to effect any
repair,: remodeling or rebuilding deemed necessary by LICENSOR.
SECTION 40. DELIVERIES OF SUPPLIES:.
LICENSOR shall establish the days and times deliveries of supplies may be made and
advise LICENSEE in writing thereof.
SECTION 41. NOTICE.
Any written notice, given under the terms of this agreement, shall be either delivered
personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as
follows:
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•
0
CITY OF HUNTINGTON BEACH:
Huntington Beach Library
7111 Talbert Avenues
Huntington Beach, CA 92648
Attn: Mt. Ron Hayden
LICENSEE:
DSL Service Company
3501 Jamboree Rd., Ste. 5000, North Tower
Newport Beach, CA 92660
Attn: Vice President, Real Estate./
Director of Property Management
SECTION 42. UCENSEE'S RIGHT TO RENEGOTIATE LICENSE.
If, in the event.. LICENSOR shall at some future time within the term of this License or
any extension thereof, redevelop the immediate area on which said Premises is situated, or
the immediate adjacent surrounding area thereto, to the extent that one or more electronic
banking facilities are constructed and situated either on said immediate area or adjacent
thereto, and, in such event, LICENSEE can demonstrate that such has or will cause it to be
detrimentally affected thereby,.then, in such event, LICENSEE shall have the right to request
that the terms, conditions; and provisions of this License be renegotiated. The parties agree
that each shall deal with -the other in good faith.
.INotices required by this Agreement shall be in writing and shall be deemed given when
personally served or mailed by certified mail, return receipt requested, with postage prepaid
and properly addressed.
Notice of change of address shall be given in the same manner as other notices.
SECTION 43. INSURANCE HAZARDS.
LICENSEE shall not commit or permit the commission of any acts on said Premises nor
use or permit the use of said Premises in any manner that will increase the existing rates for or
cause the cancellation of any fire, liability, or other insurance policy insuring said Premises or
the improvements on said Premises. LICENSEE shall, at its own cost and expense, comply
with any and all requirements of LICENSOR's insurance carriers necessary for the continued
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• 0
maintenance at reasonable rates of fire and liability insurance policies on said Premises and
the improvements on said Premises.
SECTION 44. WASTE OR NUISANCE.
;LICENSEE shall not commit or permit the commission by others of any waste on said
Premises; LICENSEE shall not maintain, commit, or permit'the maintenance or commission of
any nuisance as defined in Section 3479 of the California Civil Code on said Premises; and
LICENSEE shall not use or permit the use of said Premises for any unlawful purpose.
SECTION 45. COMPLIANCE WITH LAW.
LICENSEE shall at LICENSEE's own cost and expense comply with all statutes,
ordinances, regulations, and requirements of all governmental entities, both federal and state
and county or municipal, relating to LICENSEE's use and occupancy of said Premises whether
such statutes, ordinances, regulations, and requirements be now in force or hereinafter
enacted. The judgment of: any court, of competent jurisdiction, or the admission by LICENSEE
in a proceeding brought against LICENSEE by any government entity, that LICENSEE has
violated any such statute, ordinance, regulation, or requirement shall be conclusive as
between LICENSOR and LICENSEE and shall be ground for termination of this License by
LICENSOR.
LICENSEE and Huntington Beach Library shall procure, where necessary, any and all
governmental permits, governmental consents, governmental licenses, or other governmental
authorizations required for the operation of the Premises. LICENSEE and Huntington Beach
Library each agree to fully cooperate with each other and assist each other in obtaining
approvals, permits, licenses, consents, and authorizations in connection with the constructions,
installation, operation, relocation or discontinuance of the Premises. If the necessary
governmental approvals and/or permits to construct, install, operate, and maintain the
Premises for the intended purposes are not obtained under terms that are acceptable to
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•
•
Huntington Beach Library or LICENSEE, LICENSEE or Huntington Beach Library may
terminate this agreement.
LICENSEE shall comply with all applicable laws, ordinances, regulations, and recorded
restrictions affecting the use or occupancy of the Premises and in the conduct of its business
operations. LICENSOR shall comply with all applicable laws, ordinances, regulations, and
recorded restrictions affecting the use or occupancy of the Property and in the conduct of its
business operations.
LICENSOR recognizes and agrees that all of LICENSEE's covenants and obligations
hereunder, including, but not limited to, the establishment, maintenance, closure, relocation,
and hours of operation of the ATM are at all times subject to LICENSEE's obtaining the
consent of approval of all state and federal regulatory agencies now or hereafter empowered
to regulate LICENSEE and its business operations.
SECTION 4G.- DISCLAIMER
This Agreement shall not constitute a deed or grant of easement.
SECTION 47. BINDING ON HEIRS AND SUCCESSORS.
.r
This License shall be binding on and shall inure to the benefit of the heirs, executors,
administrators, successors and assigns of the parties hereto.
SECTION 48. PARTIAL INVALIDITY.
Should any provision of this License be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining provisions of this License shall remain in
full force and effect unimpaired by the holding, so long as the reasonable expectations of the
parties hereto are not materially impaired.
SECTION 49. SOLE AND ONLY AGREEMENT.
This instrument constitutes the sole and only agreement between LICENSOR and
LICENSEE respecting said Premises, the leasing of said Premises to LICENSEE, or the
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•
License term herein specified, and correctly sets forth the obligations of LICENSOR and
LICENSEE to each other as of its date. Any agreements or representations respecting said
Premises or their leasing by LICENSOR to LICENSEE not expressly set forth in this instrument
are null,, --and void.
SECTION 50. TIME OF ESSENCE.
Time is expressly declared to be the essence of this License .
SECTION 51. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and save and hold harmless
LICENSOR, its officers and employees, from and against any and all liability, claims, damages,
losses, expenses, judgments, costs and demands, however caused, including , but not limited
to concurrent active or passive negligence, those resulting from death or injury to LICENSEE's
and damage. to-LICENS 7-E's property, arising directly or indirectly out of the obligations or
operations herein -undertaken: by;LICENSEE, :caused...in whole or in part by any negligent act or
omission of the LIC'1---N3E-E, any subcontractors, anyone directly or indirectly employed by any
of them or -anyone for whose acts any of them may be liable, except where caused by the
active Megligence, sole negligence, or willful misconduct of LICENSOR. LICENSEE will
conduct all defense at its sole cost and expense.
LICENSEE hereby agrees to protect, defend, indemnify, and save and fold harmless
LICENSOR, its officers and employees from and against any and all liability arising from any
ATM transaction, including events relating to and occurring concurrently with the transaction
and against any and all claims for injury to persons or damage to property caused by operation
of the ATM, including those arising from the passive concurrent negligence of LICENSOR, but
save and except those which arise out of the sole negligence, or the sole willful misconduct of
LICENSOR.
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SECTION 52. WORKERS' COMPENSATION
LICENSEE shall comply with all of the provisions of the Workers' Compensation
Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and
5 of: the,. California Labor Code and all amendments thereto; and all similar state or federal acts
or laws applicable; and shall indemnify, defend and hold harmless LICENSOR from and
against all claims, demands, payments, suits, actions, proceedings and judgments of every
nature and description, including attorney's fees and costs presented, brought or recovered
against LICENSOR, for or on account of any liability under any of said acts which may be
incurred by reason of any work to be performed by LICENSEE under this Agreement.
LICENSEE shall obtain and furnish evidence to LICENSOR of maintenance of statutory
workers' compensation insurance and employers' liability in an amount of not less than
$500,000 bodily injury by accident, each accident, $500,000 bodily injury by disease, each
employee, and $1-,000,000.bodily.injury by disease, policy limit.
SECTION 53. INSURANCE
In addition to the workers' compensation insurance and LICENSEE's covenant to
indemnify LICENSOR, LICENSEE shall obtain and furnish to LICENSOR the following
insurance policies covering the PREMISES:
(a) General Liability Insurance. A policy of general public liability
insurance, including m,.)tor vehicle coverage. Said policy shall indemnify LICENSEE, its
officers, agents and employees, while acting within the scope of their duties, against any and
all claims of arising out of or on or in connection with the Premises, 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 $1,000,000
per occurrence and in the annual aggregate. Said policy shall name LICENSOR, its officers,
and employees as Additional Insureds, and shall specifically provide that any other insurance
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•
coverage which may be applicable to the PREMISES shall be deemed excess coverage and
that LICENSEE'S insurance shall be primary.
(b) Fire Insurance. In order that the business of LICENSEE and the gross
number of transactions of LICENSEE as defined in this License may continue with as little
interruption as possible, LICENSEE shall, during the full term of this License and any
renewals or extensions thereof, maintain at LICENSEE'S own cost and expense an insurance
policy issued by a reputable company authorized to conduct insurance business in California
insuring for their full insurable value all fixtures and equipment and, to the extent possible, all
merchandise that is, at any time during the term of this License or any renewal or extension
thereof, in or on the Premises against damage or destruction by fire, theft, or the elements.
LICENSEE shall also maintain in force during the entire term of this agreement, a
standard broad form fire insurance policy in which the LICENSOR is named and which any and
all losses are made payable, to LICENSOR. The face amount of the policy shall be for ninety
(90) percent of the replacement value of the Premises, and be in a form acceptable to the City
Attorney.
,., SECTION 54. SEVERABILITY
Each provision contained in this Agreement shall be independent and severable from
all other provisions contained herein, and the invalidity of any such provision shall in no way
affect the enforceability of the other provisions.
SECTION 55. GOVERNING LAW
This Agreement is deemed to have been executed in the State of California, and it is
agreed that any controversy or claim arising from or related in any way to this Agreement shall
be governed and controlled by the laws of the State of California.
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SECTION 56. BINDING EFFECT
This Agreement shall be binding upon and shall inure to the benefit of LICENSOR and
LICENSEE and their respective legal representatives, successors, and permanent assigns.
SECTION 57. CAPTIONS
Captions used in this Agreement are for ease of reference only and shall not affect the
construction of this Agreement.
SECTION 58. RELATIONSHIP OF THE PARTIES
The relationship between LICENSOR and LICENSEE under this Agreement is intended
to be that of independent contractor. - Nothing contained herein is intended or should be
construed to constitute LICENSOR and LICENSEE as partners or joint venturers, or either as
the employee or agent of the other party.
SECTION 59. ATTORNEY'S FEES
In the -event suit is brought by eitherpartyto enforce the terms and provisions of this
agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
REST OF PAGE NOT USED
30
jmp/k/downey/9/17/97
SECTION 60. ENTIRETY
The foregoing represents the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers the day, month and year first above written.
DOWNEY SAVINGS & LOAN, F.A., a
federal association
Print name nd title
By:
px-
Pnnt name and title
ATTEST:
•
City Clerk
REVIEWED AND APPROVED:
y Administrator
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
VA'Z' e.
Mayor
APPROVED AS TO FORM:
City Attorney
o- a9y7 15
INITI TE A D APPROVED:
Director of brar-y•Servi_ces
31
jmp/k/downey/9/17/97
ATTACHMENT #2
S:SS DATE (MM/DD/YY)
�4 RD =:x ::;::.:
CO :.:. :::.:
ERTIF A.:i:LIABILITY:::INS.URA::..
�.G...
SAY TM . :i .. _ _
: ............: .. v
:,.Y::?::::.::..,.::.,.,}Y,:,:..,....:.:..,......................... is
v:;w�::n:::::::;;. •.. v. :•::::::nv.�»:� :•.v::»::v:::::.� :. :•:w.».:nw:: }::: v?:::n� ;n...... ,:::::::.:....... l:••:vi;>:;.$i>:�:bY YYIti??Y:Y�iYY: }.vv�v::
PRODUCER
...x::; ...•v.vw::.vvv.�::.:�:::..::::.: r::.::. ::iv
v..v.... n.. ..... .................
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION'.:
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
DON C. BLEVINS, INSURANCE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .
9815 CARROLL CANYON. RD. #100
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
SAN DIEGO, CA 92131
COMPANIES AFFORDING COVERAGE
COMPANY
A MID-CENTURY INSURANCE CO.
INSURED
COMPANY
ADVANCED NETWORK, INC.
B TRUCK INSURANCE 'EXCHANGE
8940 ACTIVITY ROAD, SUITE A '
COMPANY'
SAN DIEGO, CA 92126
C
COMPANY
D
:p•• ::.:v ::......:.;:.y' :::::.:.:.�: ...... ti.}}'i4'/.;:..::;:'iv}}:i}:iJ}}}"�:;•'(.Si.Y}:'v;%.Y;;}ti.;'it?iii:t::;;:6; ' ...»+}: •nv.:.: .:. ` . ,thy......
. ,. .::..•::.::•::::.. ...: :...r:::,..?:;:tY:<?::.,...M1`};?.}y,YY?%:C?:.;;:;::•::;;>.`.r:..;i;^a}Y>:;:;;r:fii;:BS;%�<�:Y;? .......::.:.,,.::...�...::::t.;;::.}::.:...... :s`Y.r'.;•:.;::...:.::. .... ,.. ...'f;::..�>: ::o..:oyY?:••:t:.:..?• .:. .. ::.....:.. ::.. ;:�'i.'<i�::�Y-! :,.5...
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.
LTR
T
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)'
POLICY EXPIRATION
I DATE (MM/DD/YY)
LIMITS
GENERAL
LIABILITY
I
GENERAL AGGREGATE
$ 1 , 000, 000
X
COMMERCIAL GENERAL LIABILITY
PRODUCTS - COMP/OP AGG
$ 1 , O O O , O O O
A
CLAIMS MADE X❑ OCCUR
601599751
08/01/97
08/01/98
>'
PERSONAL & ADV INJURY
$ 1 ,•000, OOO
OWNER'S & CONTRACTOR'S PROT
.
j EACHOCCURRENCE
S 1 0 0 0.000
FIRE DAMAGE (Any one fire)
$ . 2001,000
MED EXP (Any one person)
$ 5,000
AUTOMOBILE
LIABILITY
- -
ANY AUTO •
I COMBINED SINGLE LIMIT
$ 1 , OOO, OOO
A
ALL OWNED AUTOS
BODILY INJURY
$
X
SCHEDULED AUTOS
(Per person)
X
BODILY INJURY
HIRED AUTOS
601599751
08/01/97
08/01/98
X
NON OWNED AUTOS
(Per accident) .
$
PROPERTY DAMAGE
$
GARAGE LIABILITY
F' ' 0 t O t FORM..
AUTO ONLY - EA ACCIDENT
S -
OTHER THAN AUTO ONLY:
ANY AUTO
G `
EACH ACCIDENT
$
Atctv�'
AGGREGATE
$
EXCESS LIABILITY
E j7( C1 t
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
1 y A'f-tovrl e y
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
WC STATU- OTH-
X TORY LIMITS ER
is
-EMPLOYERS' LIABILITY -
.. - -
EL EACH ACCIDENT
$1r,000-,000'
B
THE PROPRIETOR/ INCL"
A2O07-41-87
08/01/97
08/01/98
EL DISEASE-POLICYLIMIT
$1 000�O00
PARTNERS/EXECUTIVEOFFICERS ARE: EXCL
RX
EL DISEASE - EA EMPLOYEE
$ 1 000 000
'OTHER "
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Certificate holder is .listed as. an
additional insured
RE: ATM for Downey Savings on city
property
CERTIFICATE HOLDER i s } CANCI�LATIpN f
::::r:Y::r:�w:?::nv.,:•n�nw:.vv.:.w:«::Y.w.w:nw::::nv:\v...........v::::?::n,v:?nv.w:::.hw?Y..,....�.v??:,:inv:: ::. �::: n::v. vp.vv.:., v::�\v.........,.....,............r::.:�::.v.:.:::::
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE'CANCELLED BEFORE THE .
CITY OF HUNTINGTON BEACH
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL BbV=@[]P MAIL
2-000 Main Street..
_-Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Huntington Beach, :CA 9264.8 .
cx x omax ce�mo�aoe�s xacQamve saax�t�!tic
.-
AUTHORIZED ES TIVM.
! : - . .: :: v,..}::::?..:�:::::::.�::: }:. �:.::�::::::: w:.w::. �.::::::�::::::::::::: $: �.�::::.....:: \.::.:?:::v::: N:n�.
�:� ::•: 'NYtY{SiW<:•:::'}y:J;::Fi:•;. ...;; .; �.; .....,.;
SENT BY: 10-13-97 ; 1:31PM ;LOCKTON INS. BROKERS- 714 854 4857;# 1/ 1
............... ,............. ...:....:.:::::::.,..,..:<.>:.,:;.::.:;.,:.,.,.:.,..:.::...,.r................
�M:
��M'
coRoV.
....................... ............... ........... ..... ............ ..........
T D Y
PAT( MMID n I
."SR'B
:G
10/13/97
PRODUCER
THIS CERTIFICATEe IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lockton Insurance Brokers, Inc
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
725 S. Figueroa St-, 35th Pl .
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Los Angeles CA 90017
COMPANY
A National Union Fire
Phene.�lo. 213-689-0065 FaI1No. Z�.-,6_��-
INSURED
COMPANY
8 American Roams Assurance
COMPANY
C State Compensation Yns. Fund
ATI Systems International, Inc
ARMORED TRANSPORT, INC.
3280 E Yroothill Boulevard 0290
Pasadena CA 91107
COMPANY
D General Star Indemnity Co.
<G y4
..... ...::........:.:::.::... .
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 REQUIREMEN'T', 'TERM ON 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.
co TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE IMMIDDIYVI DATE IMMMO/YY1
GENERAL
LIABILITY
GENERAL AGBREOATE
e 3,000,000
X
PRODUCTS - COMP/OFAGG
a 3,000 000
*
COMMERCIAL GENERAL LIABILITY
RMGL 3.438426
04/01/97
04/01/98
CLAIMS MADE L" I OCCUR
PERSONAL N ADV INJURY
i 1,000,000
BAC14OCCURRCNCC-
a 1,000.000
OWNER'S& CONTRACTOR'SPROT
X
FIRE DAMAGE Wiv un6 flee)
a 100,000
CONTIRACTUAT, LIAB.
a 51000
MED EXP IAnY one Pereonl—
A
AUTOMOBILE
LIABILITY
ANY AUTO
RMCA 1439367
04/01/97
04/01/98
COMBINED51NdLELIMIT
a 11000.000
X
BODILY INJURY
(Per Berson
e
ALL OWNED AUTOS
SCHEDULEDAUTOR
RMCATX 1439366
04/01/97
04/O1/98
BODILY INJURY
(Par eacldenR)
0
X
HIRED AUTOS
NON -OWNED AUTOS
$
PROPERTY QAMAG5
s
FORM 0
GARAGE LIABILITY
ANY AUTO
;t1
�«=i 1-
AUTO ONLY • EA ACCIDENT
a
OTHER THAN AUTO ONLY:
;.
EACH ACCIDENT
0
a
AGGREGATE
EXCESS LIABILITY ;�
(}-`S' "v
EACH OCCURRENCE
0 5,000,000
A_GGREOAT_E—__ _ .
e 51000,000
D
X UMBRELLA FORM
SIX
3 39B
04/01/97
04/01/98
6
OTHER THAN UMBRELLA FORM
WORKERS COrNPRNsAT1ON AND
WC'TAT OTH
X R
EL EACH ACCIDENT
a 1,000,000
EMPLOYERS' LABILITY
C
THEPROPRIP,TnA/ X INCL
PARTNERSIEXECUTIV5
OFFICERS ARE: EXCL
382-95-306 (CA)
01/01/97
01/01/98
EL DISEASE• POLICY LIMIT
0 1,000 000
0 1,000,000
EL DISEASE - EA EMPLOYEE
OTHER
A
WORKERS COMP
RMYC 2178710WAS STATES)
04/01/97
04/01/98
STATUTORY AS PER
A
NORKKR8 COMP
RDENWC 2178711 (TX)
04/02/97
04/01/98
& R.L. ABOV19
DESCRIPTION OF OPERATIONsA,oCAT10N NFlIlcus/6PEGIAL imms
THE CITY OF HUNTINGTON BEACH ITS AG$NT8, OFFICERS AND EMPLOYEES ARE
INCLUDED As ADDITIONAL INHUR D AS THEIR INTBREST MAY APPEAR, WITH RESPECT
TO LIABILITY PER THE ATTACHE ORSEHENT.
:.. ..........
'! I' ..
`NOEL
A
CITYHUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
THE CITY Or HUNTINGTON BEACH,
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL MAIL
ITS AGENTS, OFFICERS AND
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
EXPLOY88S
ATTN; PENNY HAWKINS
FAX 714 - 854 -4 957
UCII NOT SMALL IMPOSE NO OBLIGATION OR LIABILITY
F ANY K UPON COMPANY. ITS AGENTS OR REPRESENTATIVES.
ALIT E EB TI r
..................... .........
:q �:
SENT BY: 10-13-97 ; 2.00PM ;LOCKTON INS. BROKERS-+ 714 854 4857;# 2/ 2
acbRD :.: I I: :C.:.. ;:C3 . LI ILiT'1f E, °�DATE IMMIDIN")
:,:
PRCCUCER
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lockton Insurance brokers, Inc
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
725 9. Figueroa St . , 3 5 tb Fl .
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles CA 90017
COMPANIES AFFORDING COVERAGE
(louse Accounts
P- 213-689-0065 Fl.ft2. -689-D550
COMPANY
A Insurance Co. of State of PA
INSURED
COMPANY .... .
B First National ins. Cc, of
Takata Electronic Moving. Inc.
COMPANY
No. Jeri Takata
C Pacific Indemnity
5960 aoxford Avenue
COMPANY
Commerce CA 90040-3004
D
THM 18 TO CERTIFY THAT THE POLICIES OF INSURANC4 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 DESCRIa6D HEREIN Is SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POUCY EXPIRATION LIE1R8
DATE (MMDD/YY) DATE (MMOD/Y17
4ENNRAL
UABBJTY
GENERAL AGGREGATE
$ 1, 000, 000
C
X
COMMERCIAL GENERAL LIMLITY
3529 44 91
04/17/97
04/17/98
PRODUCTS-COMPIOPApr
s 1, 660, 000
CLAIMS MADE r7 OCCUR
S1,000,000
PERSONAL & ADV INJURY
$ 1 000, 000
K
OWNER'S A CONTRACTOR'S YROT
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
$ 100,000
MED EXP (Any one person)
s 51000
AUTOMOBILE
LIABILITY
A
ANY AUTO
BYT2456311
03/22/97
03/22/96_
COMBINED SINGLE LIMIT
61,000,000
ALL OWNED AUTO$
BODILY INJURY
$
�[
%rHEDLILEb AUTOS
(Per Penv,)
BODILY INJURY
$
HIRED AUTOS
X
NON -OWNED AUTOS
(Pet sa denq
X
TRUCKZRS
FOR
''
kS TO
PRorERTY DAMAGE
a
GARAGE LIABILITY
? , ;_;.i;�']"T'
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
, j ': i ' `{ Y
OTHER TFIAN AUTO ONLY:
-
EACH ACCIDENT
$
S
wGMEGATE
EuCEW UABIUTY
+ ` `
M
EACH OCCURRENCE
$
A0IIREGATE
$ _
I IMRRELLA FORM
OTHER THAN UMBRELLA FORM
5
WORKER$ COMPENSATION ANp
(LIMITS OE7—rH
FJIPLOYRRV LIABILITY
EL EACH ACCIDENT
i
THE PROPRIETOR/ INCL
PARTWOMSXECUTIVE
_
EL DISEASE- POLICY LIMIT
9
EL DISEASE - BA EMPLOYEE
$
OFFICERS ARs: EXCL
OTHER
8
Cargo Legal Liab.
CY7181548
01/26/97
01/26/98
slecer. 50,000
equipment
DESCRIPTION OF OPERATIONWLOCATIONSNEMCLENSPEeIAL ITEMS
Certificate Holder The Cit of M=tington Beach, its a eats, officers and
imloyees are ncluded as adlitional neured per
8855
attache Form CO 20 26 11
Job Refer-mce-Damey Savings
CBitTIFICATE;HOIAER
CANCELLATION.
CITH 301 SHOULD ANY OP THE A00VE DS=RWIID POUCIES BB CANCELLED BEFORE THE
E:PIRAT)oN DATE TN F, THE ISSUING COMPANY WILL ENDEAVOR TO MAU.
City or Huntington Beach
3 D DAYS N N CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
Penny Hawkins
2000 Main Street
Huntington Beach CA 92648
UrHPE EBENTA
6e
APOItD ,Z5-B (INS)1cl)
C.:. ; ON _7>)8B -
Lin
OC2 15-97`,_15: 17 FROM: M H + Mc ELENMAN ID: 7748339518 PAGE 2
,�
�892 MUE DATE (MM/DO/YV)
Al:IiIt11. `
C-.:E
f
PRODUCER A
Marsh i McLennan, Incorporated CONFERS NO RIGHTS UPON THE CERTIflCATE HOLDER. THIS CERTIFICATE
r EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
B
4695 MacArthur Court OLICIES OW.
Suite 550
Newport Beach, CA 92660 COMPANIES AFFORDING COVERAGE
LETTER COMPANY A FEDERAL INSURANCE CO
COWANY
INwPEo LET'MR 8 CALIFORNIA COMPENSATION INS CO
Doaney Savings i Loan Assoc.
3501 Jamboree Road LET°O�TERN" C
Newport Beach, CA 92658-6000
CORANY D
OOLETTER ARNY E -
G
I� S
• T- - ! !< } - f/< % 4 - y.: A- Y 4L< ,d+ S -,_. Y %•ff< Y < - i Y ;.. S .. ... -. Y -. -- '� 3 Yp. M.: _ 7 .j, .YS!@d. <:.' ; i,',a. S. F - - r".
VIVA."
....... ........,:.3>..e<t....... ..,:..... a..:.AY.�..:Sr.. Y! .2` ....... ....c.. i-..a.. ue 4eil.x ....Y. -.. ........,M.....nc...a:S..E. -..... .'f < �a. 2^-+M. . .. -. ..
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 REOUIREMENT, 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.
co
LTR
TYM OF IftURANCE
POLICY NUMBER
POLICY EFFECTNE
DATE (MM/00/YY)
POLICY EMRATION
DATE (MM/OD/YY)
UMrM
A
OmIwLLI"
Lnv
526-77-01
7/01/97
7/01/98
GENERAL AGGREGATE
E 2000000
PRODUCTS-COMP/OP AGO.
{ 2000000
X
COMMERCAL GENERAL LIABILm
CLAIMS MADE ®OCCUR.
PERSONAL E ADV. INJURY
{ 1000000
EACH OCCURRENCE
{ 1000000
OWNER'S II CONTRACTOR'S PROT.
FIRE DAMAGE (Any one Ilto)
i
MEO. EXPENSE ("oneperem)
i 10000
ALITOMORILE
LIA6llry
COMBINED SINGLE
ANY AUTO
APPROVED AS'i: To i
, .
'.;iCT� :
LIMIT
_
--._.....
BODAY INJURY
ALL OWNED ALTOS
t
SCHEOULEO AUTOS
GAI.I J) TI �.' :
(Perpenen)
-
HIRED AUros
C I T''_ %i` .: U . Y
BODILY INJUFN
NON -OWNED AUTOS
Bar
(Per eceltlem)
=
PROPERTY DAMAGE
i
GARAGELL451UTY
D�-..i�.y ,y Attorney
E7=80 LIABILITY
EACH OCCURRENCE
II
AGGREGATE
E
UMBRELLA FORM
ADD, ., N^ U n EE C
v iiL
^ f�(� FR F M E
-IYiJ li Z,J .IY1 L1
I r
) �I 1%'lV ILL..
OTHER THAN UMBRELLA FORM
8
woRImn co"PENIIATTON
61972114981
2 / 01 / 9 7
2 / 01 / 9 8
X1 STATUTORY LIMITS
EACH AOCIDENT
s 1000000
AND
DISEASE -POLICY LIMIT
$ 1000000
DIPLOYEAV LIABILITY
DISEASE -EACH EMPLO M
f 2000000
OTHER
OEW4Wn0N OF OpEMTTO 9A=TIONB/V H=$/WECIAL RPa1B
Bee attached additional insured endorsement.
of
.. ;.. .. t;iG`11M�R... .: ..... .: HiC...''. '. �.. n.. t.. Yk ......
..r..:-�..... ..-.a.. .yQ .^..:.,A'..!.?.-
S
a: 3 8HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Huntington Reach Library and #x EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIL6vx2 zx
Cultural Center ix MAIL- 110mys WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Attn: Jan Halvorsen LEFT, ZXX=K XM=KM3(4E1WGKQ M3DNMZKYJ l ZKXXXXX
7111 Talbert Avenue s< �x= ==11=301111=RXXX
Huntington Reach, CA 97648 AUWCFMDNW TATfA
:1RIstFs..:.b c X.. yr YxB k Y
k x �•.:'::::.�. •i,,�e�
10;18197 THU 13:54 F
i 854 4857 DOWNEY SABN
VINGS
A� " P.O. BOX 420007, SAN FRANC=, GA 94142.0607
CaM� "NA1,Tt�N
IMAUgANO�
FUND a5Arpiam-cw wanwam' CWPEN8A1"40N IMUAA QE '
OCTOSER +160 097 UNIT
ATTN PENNY 'WAiw X1N$ / '.�C&Y ---OF NUNt-1,04TON .SIVIR
AGENTS/OWNER8,00 EM.PLOtEE6/01119.Nr#M•T PI.V'
200 MAIN ST ;
1'V
HUNTINGTON 11AACH CA 92648
L
This is to certify that we have Issued a valid Workers` t ornpen6®tlon insurance policy in IN form approved by the California
Imsuranos Commiaeloner to the employer named below for the policy period Indicated.
This pollcy Is not subject to cancellation by the Pond except upon 36~ sdmeo wAtten notice to the emptoyer,
3U
We will also give yaw 'illy Mays' advance notice should this policy -be Cancelled prior to In no"01 expiration.
This certificate of insurance is net an Insurance -pokey and does not amend, sidend of alter the coverage afforded by the
poliale9 fisted herein. Notwithstanding any requirement, term. or condition -of-any contract or other document with
respect to which this certificate of tnebrancs may. br Issued or may pertaln,'ths insuranq.a afbrded,by the policies
described herein is subieet to ail the fier+nay emlusiett8:and bomdltiope of euch pb4ole0, ....
0000049
AUTM0141ZCC RBPRE®ONTATiVE ;WAE�i�t+i'r
EMP-LOY&Ar S LIABILITY LIMIT MCLU0.104 DEPEX E.,toetts n,,.000,000 Pip OCCURRINC
ENDORSEMENT 00015 INTITL90 ADDITIONAL INSURED EMPLOYER EFFKCTIVE
10116l97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY*
NAME OF ADDITIONAL, INSUREDS CITY OP HUNTINGTON RCHIRISK "t6101T DIVISION
ENDORSEMENT 02065 ENTITLED CERTIFICATE HOLOIRS' NOTICE EFFECTIVE
10/16/97 IS ATYACFI£D TO AND FORMS A PART O'F THIS POLICY.
i
6MPLOYBR
TAKATA ELECTRONIC
5960 EOXFORD AVI$
COMMERCE CA 90040
APPRO�ILr AS TO FOR14:1
GAIL RUTT' N
Y . •.� A"_ t. gfiNY
B .
MOVYNE INC
11tl�, L��_�c_Urv1EwT IIA_; a L1..fIt' FIArrGR1A, D AKc::1400tJl.,
-- - -
OCT-07-97 10:52 FROM: MARSH + MCLENNAN
POLICY FORMS & ENDORSEMENTS•
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED ---DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the tollowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or OrBanizatlon:
The City of Huntington Beach, its agents, officers and
employees
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organizatlon shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 261185 Copyright, Insurance Services Office, Inc., 1984 13
Fe�13,d, CITY OF HUNTINGTON BEACH .
HUNTINGTON BEACH
7111 TALBERT AVENUE • HUNTINGTON BEACH, CALIFORNIA 92648 • TEL: (714) 842-4481
TO: Honorable Mayor and City Council
FROM: Library Board of Trustees
DATE: November 19, 1997
SUBJECT: LIBRARY BOARD ACTION
At its regular meeting of November 18, 1997, the Library Board of Trustees took the following
action:
MOTION: MOVED BY SILVERMAN AND SECOND BY MARRS, THE LIBRARY
BOARD RECOMMENDS TO THE CITY COUNCIL THAT AN ATM BE PLACED IN
THE CENTRAL LIBRARY & CULTURAL CENTER AND THAT REVENUE
GENERATED FROM THIS SOURCE BE PLACED INTO THE LIBRARY SERVICE
FUND, BY A UNANIMOUS VOTE.
Respectfully submitted,
Sidney Kuperberg, Chair
Library Board of Trustees
cc: Ray Silver, Acting City Administrator
Ron Hayden, Library Services Director
E-a
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Library Services Department,
SUBJECT:
APPROVE ATM AT CENTRAL LIBRARY &
CULTURAL CENTER
COUNCIL MEETING DATE:
December 1, 1997
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
................. . . ........... . ........... ... . .......... ............... .. ...................... .. .........EXPLANATION FOR MISSI... . ......... NG A... . TTACHM.. ... ENTS'
ZA
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Library Services Department
SUBJECT:
APPROVE ATM AT CENTRAL LIBRARY &
CULTURAL CENTER
COUNCIL MEETING DATE:
November 17, 1997
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
I Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
'CITY OF HUNTINGTON BEAM
MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER: 97-9
a�
Council/Agency Meeting Held: 41//11/4-1
Deferred/Continued to: /a/i/97
❑ Approved ❑ Conditionally Approved ❑ Denied
Council Meeting Date: November 17, 1997
;Oc ' y CI rk's Signature
ID Number: 97-9
C= C
CITY OF HUNTINGrTICON
BEACH
Cn
REQUEST FOR " ='
o�-+m
W = � nM
cv.� rn
SUBMITTED TO: HONORABLE MAYOR A CITY COUNCI MEMBERS
SUBMITTED BY: RAY SILVER, Acting City Administratol,.
PREPARED BY: RON HAYDEN, Dir 6tor of Library Se c
SUBJECT: Approve AT a he Central Library and ultural Center
Statement of Issue FundingSource Recomm ded Action Alternative Actions Analysis, Environmental Status Attachment(s)
(h v
Statement of Issue: The Cfentral Library and Cultural Center needs an ATM and the City
Council must approve an 90reement to offer this service.
Funding Source: NoVApplicable.
Recommended A ion: Approve an agreement between Downey Savings and Loan
Association and t e City for an ATM at the Central Library and Cultural Center and approve
deposit of reve a into the Library Service Fund Account Number R-LX-LS-390-831-00.
Alternative ction s :
1. Do n approve the agreement and direct staff to solicit more. bids.
2. Ch. se another financial institution that provides less revenue.
3. A prove the agreement and deposit the revenue into the General Fund.
An sis: The Library has had numerous requests from both patrons and Library Affiliated
G oups for an ATM within the Central Library. The Library Support Groups (Friends of the
Library Gift Shop and book sales, Children's Friends of the Library programs, Library
Patron's programs, Huntington Beach Playhouse, etc.) have revenue generating programs
which could increase sales if an ATM were available. This machine will be located near the
Friends, of the Library Gift Shop. The ATM will also enhance the Library's potential for
generating revenue by providing cash access for room rentals, media material, fines and
fees.
ATM.DOC -2- L
— 10/28/97 2:20 PM
REQUEST FOR ACTION
MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER: 97-9
Request for Proposals were sent to a total of twelve (12) firms offering M services. Five
(5) responded, including: Bank of America, Downey Savings and an, Union Bank of
California, Wells Fargo, and California Federal Savings Bank. In co paring the responses,
Downey was selected due to their charging no penalty for minimal ansactions. Downey's
proposal includes a fee structure of $.25 per transaction.
It is estimated that there will be a minimum of 3,600 annual or 10 per day transactions
generating $900. In that the ATM is located within the Library xpansion and will be used to
generate revenue to assist in offsetting the expansion cos it is recommended that the
revenue be deposited into the Library Service Fund.
Environmental Status: Not Applicable
Attachment(s):
I
ATM.DOC -3- 10/28/97 2:49 PM