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HomeMy WebLinkAboutHuntington Beach Playhouse - 2009-10-19Council/Agency Meeting Held: ZL Deferred/Continued to: A pr�ed dit Hall pro ❑ Denied Cit rk ignature Council Meeting Date: 10/19/2009 Departmen D Number: ED 09-61 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY UNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMI TOR PREPARED BY: STANLEY SMALEWITZ, DI EfOR F ECONOMIC DEVELOPMENT 5 STEPHANIE BEVERAGrARNONEXCLUSIVE CTOR OF LIBRARY SERVICES SUBJECT: APPROVE A THREE Y LEASE AGREEMENT WITH THE HUNTINGTON BEACH PLAYHOUSE FOR USE OF THE PUBLIC LIBRARY THEATER Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City Council is asked to approve the renewal of a Lease Agreement with the Huntington Beach Playhouse for the nonexclusive use of the City's Public Library Theater. Funding Source: Not applicable Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Lease Agreement between the City of Huntington Beach and Huntington Beach Playhouse for the nonexclusive use of the City's Public Library Theater. Alternative Action(s): 1. Approve other lease terms and conditions between the City and Huntington Beach Playhouse. 2. Do not lease the City's Public Library Theater to the Huntington Beach Playhouse. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/19/2009 DEPARTMENT ID NUMBER: ED 09-61 Analysis: The Huntington Beach Playhouse (Playhouse) is a not -for -profit 501(c)3 organization which offers a wide variety of live theatre experiences to the community. The Playhouse presents dramatic, comedy, and musical productions and offers opportunities for people of all ages to advance their stagecraft and technical skills. The Playhouse has had a nonexclusive Lease Agreement for the City's Library Theater (Theater) since the theater opened in 1994. Their most recent Agreement was for a three- year term from 2007 to December 31, 2009. In meeting with Economic Development and Library Services Staff, the Playhouse Board has conveyed their interest in continuing to offer their theater experiences beyond their current Agreement. Additionally, they have also expressed interest in operating under the same terms as their current Agreement. The City Attorney's office has prepared the attached three-year nonexclusive Lease Agreement. If approved by the Council, this Agreement would extend the term of the lease until December 31, 2012. All of the terms of the current Agreement would remain the same. Term: Three (3) years, commencing January 1, 2010. Rent: $36,056.64 per year ($3,004.72 per month), established for the entire term of the lease with no CPI percentage increase. This is also the current rent being paid by the Playhouse. Use: 1,270 hours per calendar year of Theatre time, according to the annual Theatre Season schedule in addition to the use of the Maddy Room. Any additional usage of the Maddy Room by the Playhouse will require them to pay the full non-profit resident rental rate of $50.00 per hour. Revenues from the Playhouse will continue to be deposited into the General Fund to offset Theater operating costs including bond payments, staff, and equipment replacement. Strategic Plan Goal: Maintain and enhance our financial reserves. Environmental Status: NA Attachment(s): -2- 10/1/2009 4:27 PM ATTACHMENT LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH PLAYHOUSE FOR NONEXCLUSIVE USE OF THE PUBLIC LIBRARY THEATER THIS LEASE AGREEMENT is made and entered into this 9 7 day of OC-rn6G---?Z— , 2009 by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter "Lessor") and the HUNTINGTON BEACH PLAYHOUSE, INC., 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 community information, 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) the box office, (iii) the lobby, (iv) the theater office, and (v) the kitchen (collectively, the "Theater"); and (b) all fixtures, supplies, and personal property, as identified and itemized in the plans and specifications of the Central Library expansion documents (collectively, the "Personal Property"), which now or hereafter is owned or held by Lessor and located in or about the Theater or attached thereto or used in conjunction with the operation thereof. The Premises does not include and this Lease does not encompass use of the Maddy Room. 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. In no event, however, shall Lessor lease or otherwise rent the Premises, or portion thereof, to any other community theater group for the purpose of producing and performing its theater season without first receiving Lessee's prior written consent. SECTION 3. Permitted Use The Premises are let on a nonexclusive basis for the purpose of producing and performing theatrical productions. Lessee's use shall be 1,270 hours per calendar year, according to an annual Theater Season schedule (the "Annual Schedule") submitted from Lessee to Lessor. Lessee shall submit the Annual Schedule to Lessor on or before May 1st of each year during the term of the Lease, and any extension thereof and Lessor shall return written confirmation of the 1 09-2089/34009 Annual Schedule on or before June I" of each year during the term of the Lease, and any extension thereof. In addition, Lessee shall use the Premises for meetings, auditions and rehearsals in accordance with a schedule to be provided to Lessor along with the Annual Schedule. At the time the Annual Schedule is submitted to Lessor, the Lessee shall designate seven (7) weeks in that calendar year in which the Premises are to be used exclusively by Lessor. If said designated weeks are not acceptable to Lessor, they shall be determined by mutual agreement between the Parties, with no less than four (4) weeks to be designated by the Lessee and the remaining three (3) weeks to be selected by Lessor. Upon ten (10) days written notice to Lessor, Lessee may expand or extend its use to include additional performances 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 three (3) years commencing at 12:01 a.m. on January 1, 2010 (the "Commencement Date") and ending at 11:59 p.m. on December 31, 2012, unless sooner terminated as herein provided. SECTION 5. Gross Rent Lessee agrees to pay to Lessor as gross rent for the use and occupancy of the Premises the sum of $36,056.64 per year, payable in twelve equal monthly installments of $3,004.72 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 tenth day of the month in which that installment is due, Lessee shall pay to Lessor a penalty in the amount of $150. The 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. 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. 2 09-2089/34009 SECTION 7. Records and Audit Lessee agrees to make available for inspection by Lessor at the Premises a complete and accurate set of Lessee's books and records of all ticket sales. Lessee further agrees that it will keep, retain, and preserve for the term of the Lease all records, books, or other evidence of ticket sales. Lessor shall have the right, upon reasonable notice, during the Term and any extension thereof and within two (2) years after expiration or termination of this Lease to inspect and audit Lessee's books and records. Such inspection and audit shall be conducted by appointment scheduled in advance by agreement with a designee of the Lessee. Lessee shall cooperate with Lessor in scheduling and making the inspection. SECTION 8. 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. SECTION 9. 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 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. SECTION 10. Security During the hours of Lessee's use of the Premises, security shall be provided by Lessee. The Parties agree that, in no event, shall food or drink be allowed inside the theater auditorium. SECTION 11. )Damage 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. 3 09-2089/34009 SECTION 12. 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, 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 13. 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 one hundred eighty (180) days prior written notice to Lessor. SECTION 14. 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 15. 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 16. 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 17. Si na e Lessee shall have the right to exterior, lighted, signage on the Premises featuring Lessee's corporate and/or trade name logo for the term of the Lease, and any extensions thereof. Any such signage shall be erected at the expense of Lessee and shall be subject to approval of the City Administrator and the Design Review Board. 4 09-2089/34009 SECTION 18. 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. SECTION 19. 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 20. 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 21. 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 and employers' liability insurance in amounts not less than the State statutory limits. Lessee shall require all sublessees an&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 Premises. This policy shall indemnify Lessee, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of 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 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, 5 09-2089/34009 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. 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 09-2089/34009 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 22. Lessee as Nonprofit Organization Lessee has represented that it is a nonprofit organization. As such, Lessee shall, prior to the effective date of this Lease and annually thereafter, provide Lessor with evidence of its nonprofit state and federal tax status, including an annual audited statement or certified copy of its state and federal tax returns. Lessee shall additionally submit prior to the effective date of this Lease a Business Plan. If Lessee fails to meet its goals and objectives for any one quarterly period as set forth in the Business Plan, Lessee shall meet with Lessor to establish a Recovery Plan delineating the steps to be taken by Lessee toward fulfilling said goals and objectives. If, after six (6) months from the date of establishment of the Recovery Plan, Lessee has failed to meet its goals and objectives, Lessor may modify or terminate this Lease. SECTION 23. City's Official Drink Sponsor LESSEE shall comply with any CITY exclusivity agreement the CITY may have with a drink sponsor. LESSEE agrees that only fountain and bottling products shall be bought and sold in, on, or from the Premises for the term of this agreement from the CITY's official drink 7 09-2089/34009 sponsor. This includes all carbonated and non -carbonated, non-alcoholic beverages defined as soft drinks, juices, juice drinks, teas, isotonics, water and frozen beverages. Frozen beverages shall not include ice creams and frozen yogurts. LESSEE'S failure to adhere to the this exclusivity clause shall constitute a material breach of this Lease. SECTION 24. 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 25. 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. SECTION 26. 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 27. Entirety The foregoing, including any exhibits attached hereto and incorporated herein, sets forth the entire agreement between the parties. SECTION 28. 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 29. 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 30. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of California. SECTION 31. 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 8 09-2089/34009 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: Director of Economic Development LESSEE: HUNTINGTON BEACH PLAYHOUSE 18411 Gothard Street Huntington Beach, CA 92648 Attention: President 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. HUNTINGTON BEACH PLAYHOUSE, A Caliorn a Non rofit Corporation B )�:' l/._._ print name ITS: (circle one) Chairma Presiders ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ayor AND � By: � "fir►' x: ,:,;� - Clerk iblvloqo print name ITS: (circle one) Secreta /C ' Financial Officer/Asst. Secret -Treasurer INITIATED AND APPROVED: "�4 Director of Econo�iic Development REVIE,,,APPROVED: APPROVED AS TO FORM: Administrator City Attorney 5,V'e9 9 09-2089/34009 ATTACHMENT #2 A �® CERTIFICATE OF LIABILITY INSURANCE DATE (MMfD00' PRODUCER THIS cERI IFiCATION IS ISSUED AS A MATTER OF INFORMATION THE BRENNAN COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 10624 S. EASTERN AVE STE A615 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HENDERSON, NV 89052 ALTER THU COVERAGE AFFORDED BY THE POLICIES BELOW. 702 629 6700 702 629 6701 FAX BRENCO@AOI_.COM INSURERS AFFORDING COVERAGE I NAIC # INSU RFD �� �! -� INsuRCg n. PHI I,ADELPHIA INSURANt;t CO HUNTING70N BEACH PLAYHOUSE INSURER & 18411 GOTHARD STREET #F INSURER Q J _ HUNTINGTON BEACH, CALIF 92648 NSU,,rK U. NSURER E —r~— UVVtKAUt_5 THE POLICIES OF INSURANCE LISTED RSLOW HA�rF= BECN 133UCO To Tnt INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W)TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEPMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE PEEN REDUCED BY PAID CLAIMS. INS R 001, I rt1? OF INSURgNCE POLICY NUMOER POI.ICY EFFECTIVEP�OLI'CY EXPIRATIO'V� OMITS OAIM MADOI DATE iMMtDDfYn A IX OENERALIJABILITY I X COMMERCIAL GENERAL LIABILITY PHPK246229 07(132009 07/132010 EACIA OCCURRENCE _ A 1,000,000.. I PREMISES jEs nIrance 111 100,000. CLAIMS MADE II OCCUR I 5,000, _ MED EXP (Any one Derisor—)---�S------�-- PERSONAL 6AOVINJURY : 1'000.000., GENERAL AGGREGATE s 2,000,000.. GEN'L AGGREGATE LIMIT APPLIES PER: D D T8- COMP/OP AGG E 2,000,000, PRO. -- ROIICY JE LOC a (COMBINED SINGLE LIMITS AUTOUnnIt-E —1 LIABILITY � ANY AUTO (Ea ecckerrt) ALL OWNED AUTOS I BODILY INJURY g _3CHC DOLED AU I US HIRED AUTOS I (PM Person) BODILYINJURY e NON•Ov^EDAUTOS (Nor eCcidertt) , -- PROPERTY DAI,.(AGE •�.�� (Pe( ecdd") - AUTO ONLEA ACCIDENT 2 i GARAGE LIABILITY Ap _ � ANY AUTO '� . A I O FORM RM EA ACC 13 I j OTHER THAN _ EX jFSCNMBRCLLA LIABILITY I OCCUR L7 CLAIMS MADE ! CTTtr ATT® •11A 1i [r l i AUTO ONI Y >,a I EACH OCCURRENCE i AGGREGATE s _� I DCDUCTBL[ I S - -- RETENTION S E WORKERS COMPF-NSATION AND EMDI.rP/CR4' LIADILITY srAr TH _� TO Y UMI 8 _ ER .L EACH ACCIDENT S ANY PROPRIETORIPARTNER/EXECUTIVE E.L. OISE4BE - EA EMPLOYE s OFFICCAMIEMBER EKCLUDE07 Ryas SP DIAALL PSIIt a under E L OISEASE . POLICY LIMIT x A OTHER PHPK248229 07/132009 07l132010 I S50,000. GOTHARD BUSINESS PERS. PROP. $GO 0000. TALBER 1 OESCRIION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED 6Y ENDORSEMENT I SPECIAL PROVISIONS THE CITY OF HUNTINGTON BEACH, ITS OFFICERS ELECTED OR APPOINTED OFFICALS. FMPLOYEES, AGENTIS AND VOLUNTEERS ARE ALL NAMED AS AN ADDITIONAL INSURED L:tFC I It-II.A I t IIULIJtK UA144,tLLA I IVN THE u rY OF HUNTINGTON BEACH ITS OFFICERS, ELECTED OR APPOINTED OFFICALS EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CALIF 92648 3HVlJLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETIEREOC, THE ISSUING INSURER WILL ENOGAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO TIE CERTIFICATE HOLDER NAMED TO THE I Pry. BUT CAILUITC TO DO 80 SHALL. IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR OCT-01-2009 10:43 P . 02 -rigs END0R3tmm4T cuANGrts THE PoU Y. PLEASE READAT CARMLLY. ABDiTIONAL MSURED-OWNERS, L5-SSEES OR CONTRACTORS (Forth B) yj& ..tnmame(m mWWws &cawar = WevWed under Ow f Wwin COMMSZC1AL GETIEAAL UABRfTY SCt�bUI..0 ' Mum of P*n*n Of O'P"LwfttL THE CRY OF HUNTINGTOI+t 9EAGi 2000 Mein SbIocit Huntingbon ®each, CA 92648 Of no antry appears above. Wwmation required to templets Cis andomementywill be sham in the pedarations as appticabte to this endomement) VUNO IS AN iWWR® (!SwZon 10 is amended to Include as an Iruwred the per3on or oMnnb*. bn shun in theSdtedule. but onty vft respect to 1}a i tlr arising cult of'yourwoW for OW inured by orooryou HUI"Tri )fiTOtJ 15' 14 P� _�"I �17� M ALLCPTIQ�NS OFTHE ZIIN II D I -'OR 7HE GER1rIFICATEH0t.DVP� City of KuntingWn Bench, Its elected or appointed officials, agents, offioeM empk yeas and volunteers CG Zn 1011 85 • CapytVft InPxance Semices oM t, M, 16-" OCT-01-2009 10:43 99/ P.03 a RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approve Nonexclusive Lease Agreement with Huntington Beach Playhouse COUNCIL MEETING DATE: 10/19/09 RCA ATTAC H M E NTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attome) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: Machado, Ext. 1797 DATE: SUBMITTED TO SUBMITTED BY: PREPARED BY: CITY OF HUNTINGTON BEACH INTER -DEPARTMENTAL COMMUNICATION ECONOMIC DEVELOPMENT DEPARTMENT OCTOBER 15, 2009 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FRED A. WILSON, CITY ADMINISTRA ' 'R STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC' DEVELOPMENT SUBJECT: LATE COMMUNICATION: ITEM 15: APPROVE A THREE YEAR NONEXCLUSIVE LEASE AGREEMENT WITH THE HUNTINGTON BEACH PLAYHOUSE FOR USE OF THE PUBLIC LIBRARY THEATER Economic Development would like to clarify that the RCA should read that the current Lease Agreement between the City of Huntington Beach and the Huntington Beach Playhouse is from January 1, 2007 to December 31, 2009. c)'> A '5 2009 Tf3ltJ CcEACH Z47W Como" cwscarso.j M-M /®-/9-a..40P City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 21, 2009 Huntington Beach Playhouse 18411 Gothard Street Huntington Beach, CA 92648 Attn: President To Whom It May Concern: Enclosed for your records is a copy of the Lease Agreement between the City of Huntington Beach and the Huntington Beach Playhouse for Nonexclusive use of the Public Library Theater. Sincerely, JF:pe Enclosure: Agreement G: fol lowup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 )