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HomeMy WebLinkAboutHuntington Beach Playhouse, Inc. - 2012-11-19U . ID ED 14-01 Pag e e 1 of 2 g Meeting Date: 10/6/2014 CITY OF HUNTINGTON REACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 10/6/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Stephanie Beverage, Director of Library Services SUBJECT: Approve and authorize execution of Amendment No. 1 to Lease Agreement between the City and the Huntington Beach Playhouse excluding the use of the theater on Sundays and extending the contract two years Statement of Issue: Transmitted for City Council consideration is Amendment No. 1 to the Lease Agreement between the City of Huntington Beach and the Huntington Beach Playhouse for the nonexclusive use of the City's Public Library Theater. The Lease Amendment excludes the Lessee's use of the theater on Sundays in exchange for a two-year extension to the lease term. Financial Impact: As a result of approval of the proposed Lease Amendment, the City would forfeit $9,014.16 in past due rent in lieu of excluding use of the theatre on Sundays for the remaining term of the agreement. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Lease Agreement between the City of Huntington Beach and The Huntington Beach Playhouse for Non - Exclusive Use of the Public Library Theater." Alternative Action(s): Do not approve the Amendment and direct staff accordingly. 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 two-year term from December 1, 2012, to December 1, 2014. The proposed Lease Amendment extends the term an additional two years from December 1, 2014 to December 31, 2016. During the 2012 season, the Playhouse suffered financial hardship as a result of a downturn in attendance, ultimately missing three rental payments equating to $9,014.16 in late 2012. They subsequently reduced their productions from six (6) plays per year to four (4) plays per year. This change is reflected on the current Lease Agreement. However, the rent deficit remains past due. Item 10. - 1 H B -146- Dept. ID ED 14-01 Page 2 of 2 Meeting Date: 10/6/2014 The proposed Lease Amendment would exclude the Playhouse's use of the City theater facility on Sundays throughout the remainder of the lease term. In return, the City would forfeit past due rent in the amount of $9,014.16. The proposed Lease Amendment would also allow Mariners Church, a Central Library co -tenant, to extend its Sunday services, thus offsetting rental income to account for the forfeiture of the Playhouse's past due rent. Environmental Status: Not Applicable Strategic Plan Goal: Enhance economic development Attachment(s): "Amendment No. 1 to Lease Agreement Between the City of Huntington Beach and The Huntington Beach Playhouse for Non -Exclusive Use of the Public Library Theater" HB -147- Item 10. - 2 AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH PLAYHOUSE FOR NONEXCLUSIVE USE OF THE PUBLIC LIBRARY THEATER THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "Lessor," and HUNTINGTON BEACH PLAYHOUSE, INC., a California nonprofit corporation, hereinafter referred to as "Lessee." WHEREAS, Lessor and Lessee are parties to that certain lease agreement, dated November 19, 2012, entitled "LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH PLAYHOUSE FOR NONEXCLUSIVE USE OF THE PUBLIC LIBRARY THEATER," which agreement shall hereinafter be referred to as the "Original Agreement," and Lessor and Lessee wish to amend the Original Agreement to change certain terms thereof, NOW, THEREFORE, it is agreed by Lessor and Lessee as follows: 1. AMENDMENT OF SECTION 2 ENTITLED "NONEXCLUSIVE USE." Section 2 of the Original Agreement, entitled "Nonexclusive Use," is hereby amended to read as follows: 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. 2. AMENDMENT OF SECTION 3 ENTITLED "PERMITTED USE." Section 3 of the Original Agreement, entitled "Permitted Use," is hereby amended to read as follows: 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 352 hours per calendar year for four (4) theater productions, 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 March lst of each year during the term of the Lease, and any extension thereof and Lessor shall 13-3963.001/112475 return written confirmation of the Annual Schedule on or before April 1" of each year during the term of the Lease, and any extension thereof. 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 nonprofit use fee in an amount to be agreed upon by the Parties. Effective upon the execution of this Amendment No. 1, the Premises are only available to Lessee on Sundays for the purpose of production move in and strike. Sunday access shall be limited to no more than two and one-half hours per day and must be pre -approved by the Director of Library Services. Si na e Signage for Theatre Box Office is to be agreed upon between the parties and allowed as indicated within the Library's signage policy. Storage During the production schedule, the H. B. Playhouse shall be allowed to store costumes and production -related items within the Green Room and Tech Booth. Shared Use of Box Office: The Huntington Beach Library Theater Box Office is a shared space. All clients leasing/renting the Theater may request access and exclusive use of the Box Office for one week prior to and during the course of the run of a show or production. Best efforts will be made to provide non-exclusive use of the Box Office for a period up to three weeks prior to the run of a show or production. Any additional time above and beyond this must be negotiated with Library Administration in advance. The Library will work with all clients to ensure fair, secure and reasonable access to the Box Office in support of an event. Staffing the box office is the responsibility of the lessee/client, and the Box Office key/access key fob will be signed out to designated staff as needed. All clients are expected to sign in and out of the Office, for security and safety. Any variations in Box Office procedures must be negotiated with Library Administration in advance. Storage in the Box Office is limited, and needs to be negotiated with Library Administration. Any storage in the Box Office must comply with City Safety rules and guidelines, and not impede the safe use of the space by any authorized person(s). 2 13-3963.001/112475 The Library agrees to allow the HB Playhouse to store limited materials in the Box Office, in support of their ticket sales and promotional materials. All storage and storage units must be approved by Library Administration and the Library will discuss any changes or movement of storage or work surfaces with the Playhouse in advance. The Playhouse understands that storage is limited, and any additional storage or change in storage arrangements is to be negotiated with Library Administration. The Playhouse understands and accepts responsibility for the security of their items stored in the Box Office. 3. TERM. This lease shall be extended for an additional two years from December 1, 2014 to December 31, 2016, unless sooner terminated as provided in the agreement. 4. RENT CREDITS. Lessor hereby credits Lessee's past due rent in the amount of Nine Thousand Fourteen and 16/100 Dollars ($9,014.16). 5. AMENDMENT OF SECTION 8 ENTITLED "MAINTENANCE." Section 8 of the Original Agreement, entitled "Maintenance," is hereby amended to read as follows: SECTION 8. Maintenance Lessor shall be responsible for all structural repairs to the Premises and shall keep the foundation, exterior and interior walls and the roof in good condition during the term of the Lease. Lessor shall repaint the Premises as required so as to keep the Premises in good working 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. The roles and responsibilities are in Exhibit 2 to this Agreement and are incorporated herein by reference. Lessee shall pay a one-time five hundred dollar ($500.00) deposit for security/cleaning maintenance. Procedures for building maintenance and security may change and will be negotiated with the Lessee, as needed, by Library Administration. Lessee will lose any security/cleaning deposit if there is any damage to the Premises if Lessee fails to follow any rules. If Lessee does not adhere to the above Maintenance and cannot clean the theater area within a reasonable timeframe as determined by the Library Administrator, Lessor can use the deposit for a clean up. The deposit has to be maintained at five hundred dollars ($500.00). 13-3963.001/112475 6. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement P be executed by their authorized officers on ®(f ,fir®(=�4�7,6, 20 LESSEE: Huntington Beach Playhouse, Inc. A Califoia nonprofit corporation Its: (circle one),11:�h—airman/Preside-n ic.,President By: V_I (print or type name) Its: (circle one) Secretary/chief Financial Officer/ Asst. Secretary -Treasurer 13-3963.001/112475 LESSOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California _ ttorAey p qWe'�j I. J 4 ATE AND APPROVED: Director of Library Services a ....e s0110- 1/,Gl, - 6. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on , 20 LESSEE: Huntington Beach Playhouse, Inc. A California nonprofit corporation M. LESSOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor (print or type name) Its: (circle one) Chairman/PresidentNice President City Clerk By: APPROVED AS TO FORM: (print or type name) ty Attorney pVm AVo`l� Its: (circle one) Secretary/chief Financial Officer/ _ 7'% Asst. Secretary -Treasurer IN ATE ll AND A OVED: COUNTERPART 1r or ib a Services REVIEWED AND APPROVED: City Manager 4 13-3963.001/112475 HB Playhouse Lease — Exhibit 2 Maintenance and Equipment: • Cleaning — the Lessor will be responsible for the general cleaning of the facility, including rest rooms, as part of the regular maintenance and support of the facility. The Lessor or third party will be responsible for cleaning the Theater after any non -Playhouse event. The Lessee will be responsible for cleaning after a Playhouse event or production, including painting of the stage at the end of each production. Lessee agrees to keep the Theater, Green Room and other theater areas in a condition that facilitates other uses and helps maintain the Theater in general. The Lessee agrees that they will not leave any food, drink or open containers overnight in the Theater, Green Room, Backstage and Box Office areas of the building. Rest Room supplies will be provided to the Lessee, to be stored in the Box Office in case of unexpected shortages. • Building access - The Lessor will provide a total of 2 entry door fobs, to facilitate access in and out of the building during a production. The Lessee agrees to ensure that these building fobs are secured and assigned to authorized staff ONLY. The Lessee also agrees to inform the Lessor IMMEDIATELY if a key fob is lost or missing. Lessee understands and agrees to take all necessary precautions to maintain building security. • Light and Sound systems - The Lessor will define a default setup (House plot) for lighting and sound boards in the Theater. The Lessee agrees to work with the Lessor's authorized theater support contractor for each production, to coordinate and discuss any light or sound board issues/concerns or needs. Special lighting or sound setup will be communicated to the Lessor and Lessor's authorized theater support contractor as soon as possible to facilitate opening a production. • Special Equipment — The Lessor agrees to support and maintain a standard set of equipment in the Theater for support of events and productions. Any special or additional equipment required by the Lessee will be the responsibility of the Lessee. Rentals are to be coordinated with the Lessor's authorized theater support contractor. • Staffing — The House Manager and/or Producer for Lessee's productions will be a member of the Board of the Huntington Beach Playhouse. Any exceptions will be communicated to the Lessor in a timely fashion, to ensure security of the facility. • Post production responsibilities and attached Post Strike Checklist - The Stage Manager and/or Producer of each show will be responsible for a post strike walkthrough and will submit a checklist report of systems and spaces at the end of each strike. • Lessor reserves the right to schedule other events in other meeting spaces not in use by the Lessee. However, Lessor will make every effort to counter schedule compatible uses with Lessee productions. • In case of multiple events in the facility, the Lessee agrees to move intermission services, such as refreshments, to the Kitchen roll down counter and to the South Lobby area, nearest the double entry doors. The Rotunda will be shared space, and Lessor and Lessee will encourage safe and open access for both events. Questions and comments about other events need to go through Lessor/Lessor's event staff. • Lessee understands and agrees to follow standard safety practices while on premises. • Communication - The Lessor and Lessee will meet semi-annually to review maintenance, cleaning and equipment issues. Pre Production Checklist 1. Meet with Theater Support contractor to review light and sound board needs. _complete 2. Submit and coordinate any special equipment requests with Library's Theater Contractor. complete 3. Ensure that backstage and loading dock areas are cleaned and safe for access in and out of the Theater at all times. _complete 4. Theater walkthrough with Library staff to check equipment and status of the Theater. _complete 5. Any problems/concerns/missing materials/damage communicated to Library Administration. _complete Production Strike Checklist 1. All Scenery removed from Stage? _yes _no 2. All areas of backstage swept and mopped? _yes _no 3. All curtains (including traveling curtains and tracks) and borders replaced and set to original space, height and look? _yes _no 4. All cables coiled correctly and stored? _yes _no 5. All tools put away or taken if owned by cast or crew? _yes _no 6. No scenery or props left behind in theater or loading dock area? _yes _no 7. Green Room cleared of all props, wardrobe, trash, food, personal belongings? _yes no 8. Tech booth cleared of trash and all personal items removed? _yes _no 9. Lighting and sound boards ready for next event/client? _yes _no 10. Lighting and sound boards properly shut down and covered? _yes _no 11. Spot lights put away and properly stored? _yes no 12. All Library Equipment put away and properly stored? yes no 13. All Rental Equipment returned? _yes no 14. All cabinets closed and locked? _yes no 15. All cleaning equipment properly cleaned and stored? _yes no 16. Loading doors shut and locked? _yes no Library Theater Tech Booth and Box Office Security Procedures The Library Tech Booth and Box Office are areas of the Library Theater complex that house valuable and sensitive equipment and materials that require additional security measures. These spaces have a separate key, to help control access in these areas and to provide additional security. To ensure the security of the equipment and materials in the Library Theater Tech Booth and Box Office, we are asking ALL Library clients to follow these procedures: 1. Sign out a Tech Booth/Box Office Key from Library Administration/Facilities Rentals — the Key may be signed out for the period of a show run or an event with prior arrangement and agreement with Library Administration/Facilities Rentals. 2. Upon entering the Box Office and/or the Tech Booth, please sign in on the Clipboard sign in sheet that will be posted in both locations. 3. Please sign in with your name, organization, and time in the Booth or Box Office. 4. Once you leave the Tech Booth and/or Box Office, please record your time out of the space. 5. Secure and lock the Tech Booth/Box Office Door and return the Key to Library Administration or to Library Event staff if the event is after hours. Food & Drink — Food and drink should not be brought into the Tech Booth. Exceptions can be made for drinks in secured containers. Thank you for your cooperation. CERTIFICATE '`� " CERTIFICATE ®F LIABILITY INSURANCE DATE IDD/YYYY) 5/,14/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR .NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED, BY THE POLICIES BELOW: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE, A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:' If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject.to the terms and conditions of the -policy, certain policies may requireanendorsement. ,A statement on this certificate does not confer rights to the certificate holder in lieu of Such endorsement(s). PRODUCER Bannister & Associates InsuranceAgency- Inc., CA License #0691071 305 17th Street Huntington Beach CA 9264E-4209 CONTACT Danlel OSO=Z110 NAME: PHONE "(714) 536-6086 FAX - (719}536-4054 EP1a� .daniel@bai= ins. com: INSURERS AFFORDING COVERAGE NAIC # INSURERA:Philadel hia Indemnity Ins Co INSURED Huntington Beach Playhouse 7272: Saturn Dr3dve, Suite C Huntin ton Beach CA 92647 INSURER B : INSURER C : INSURERD: INSURER E-: INSURERF: THIS IS TO CERTIFY THAT THE POLICIES OF ;INSURANCE, LISTED BELOW HAVE BEEN ISSUED TO THE ,INSURED NAMED ABOVE FOR 7HE ",POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE.AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR- LTR - TYPE OF INSURANCE ADDL INSR S BR WVDPOLICY NUMBER POLICYEFF MMIDD POLICY EXP MMIDD 'LIMITS -GENERAL LIABILITY- EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY' DAMAGE TO RENTED PREMISES Ea occurrence 1 000 000 $ , s MED EXP (Anyone person) $, 20.,000 A CLAIMS -MADE FX7 OCCUR X PEPK1172831 /13/2014- /13/2015 PERSONAL &ADVINJURY._ $ 1, On,'00.0 GENERAL AGGREGATE $ 2 , 000 , 00 -GEN1 AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP. AGG. $ 2,000,000 $ X POLICY' PRO LOC A AUTOMOBILE LIABILITY ANYAUTOApppn tl ®®e1F.® 510 F® -COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per:person) $ BODILY INJURY (Per acddent) $ ALLOWNED. SCHEDULED Ar AUTOS' AUTOS NON -OWNED HIRED.AUTOS gUTOg__ P_ROPERTY.DAMAGE Per accident $ / � UMBRELLALIA13 HCLAIMS-MADE OCCUR jenrMer McGra..mcm1 EACH OCCURRENCE $ AGGREGATE $ EXCESS.LIAB DED RETENTIONS - $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPFIETORIPARTNERIEXECUTIVEM WC'S'fATU- . OTH- Y R - E.L. EACH ACCIDENT $ E.L. DISEASE,- EA EMPLOYE $ OFFICEP EMBER EXCLUDED? (MandatoryinNH) N /A E.L. DISEASE.- POLICYLIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,:Additional Remarks Schedule, if Mwe'space is required) The City of Huntington Beach Library and Cultural Center and The City of Huntington Beach, its officers, electedorappointed officials,.employees, agents and volunteers are named as additional insureds (manager/lessor of premises) with respects general liability policy limits. RE: 7111 Talbert -Avenue, Huntington Beach, CA 92648 lM111:N]4J The City of Huntington Beach Library and Cultural Center 7111 Talbert Avenue° Huntington Beach, CA 92649 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE' THE EXPIRATION', DATE THEREOF, NOTICE WILL BE: DELIVERED -1N ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Daniel Osornio/DAN ACORD'25:(2010/05) U Tyfsfs-cUaU 1AUW cu.a.Urcr-Ur%M I rWIN..,rr::,,y INR0251?ntnn5,n1 Thn Amon nnm and Innn am rnnio+crnri mmr of AY`l1Rrl POLICY NUMBER: PHPK1172831 COMMERCIAL, GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. 'PLEASE READ IT CAREFULLY.. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL: GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 7111 Talbert Ave Huntington Beach; CA;9264.8-1232 Name Of'Person(s) Or Organization(s) (Additional Insured): The City of Huntington, Beach Library and Cultural Center and The City of Huntington Beach; its officers, elected or appointed officials, employees, agents and volunteers arenamed as additional insureds (manager/lessor of premises) with respects general liability policy limits. RE: 7111 Talbert. Avenue, Huntington Beach, CA 92648 Additional Premium: $ Included Information required to complete this'Schedu_le, if not shown above, will be shown in the Declarations. A. Section If Who Is An Insured is amended to. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place. after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded 'to such additional insured only applies to the extent permitted by law; and 2. If coverage provided ;to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide.for such additional insured. B. With respect to the insurance afforded to these additional insureds, 'the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations: CG 20 11 04 13 0 Insurance Services. Office, Inc., 2012 Page 1 of 1 CITY OF JHIUNTINGTON BEACH 2000 Main Street, Huntington Beach; CA 92648 Declaration of Non -Employer Status In order to comply with the City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation Insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Applici Addres Applici Title: Location Signed: Date Signed: 72-72- 9;-ruefi L)xl Olil� "2 V, 2 V 5/ Telephone Number: City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk October 8, 2014 Huntington Beach Playhouse 7272 Saturn Drive, Ste. C Huntington Beach, CA 92648-4209 To Whom It May Concern: Enclosed for your records is a copy of "Amendment No. 1 to Lease Agreement Between the City of Huntington Beach and the Huntington Beach Playhouse for Nonexclusive Use of the Public Library Theater." JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand c Council/Agency Meeting Held: Deferred/Continued to: l App v d ❑ Conditionally Approved ❑ Denied it Cie Sig ure Council Meeting Date: November 19, 2012 Departme ID Number: ED 12-042 1'=101111111=63OD 1 6 WIT." tI& F � SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager/Director of Economic Development Stephanie Beverage, Director of Library Services SUBJECT: Approve and authorize execution of a Lease Agreement between the City and the Huntington Beach Playhouse for non-exclusive use of the Public Library Theater 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. Financial Impact: The Lease will provide for $11,264 per year to the General Fund (10043075) for four shows. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Lease Agreement Between the City of Huntington Beach and The Huntington Beach Playhouse for Non -Exclusive Use of the Public Library Theater." Alternative Action(s): Do not approve the Lease Agreement and provide staff with direction. HB -257- Item 11. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/19/2012 DEPARTMENT ID NUMBER: ED 12-42 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 two-year term from December 31, 2010, to December 31, 2012. In meeting with Economic Development and Library staff, the Playhouse Board has conveyed their interest in continuing to offer their theater experiences beyond the current Agreement. Additionally, they have also expressed interest in lowering their use of the Theater to focus on four (4) plays per year, instead of the current six (6) plays. The City Attorney's office has prepared the attached two-year nonexclusive Lease Agreement. If approved by the Council, this Agreement would extend the term of the lease until December 1, 2014. All of the terms of the current Agreement would remain the same. Term: Two (2) years, commencing December 1, 2012, to December 1, 2014. Rent: $11,264 per year ($2,816 per quarter), established for the entire term of the lease with no CPI percentage increase. The quarter payments will coincide with the four plays produced by the Playhouse. Use: 352 hours per calendar year of Theatre time, according to the annual Theatre Season schedule. In addition, the Lease Agreement sets forth the roles and responsibilities of both the Playhouse and the City, establishes a cleaning deposit, and creates a theater schedule for Playhouse and City discussion. 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. Environmental Status: Not Applicable Strategic Plan Goal: Enhance economic development Attachment(s): 1. I"Lease Agreement Between the City of Huntington Beach and the Huntington Beach Playhouse for Non -Exclusive Use of the Public Library Theater" Item 11. - 2 Hs -258- ATTACHMENT.,#l LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH PLAYHOUSE FOR NONEXCLUSIVE USE OF THE PUBLIC LIBRARY THEATER THI LEASE AGREEMENT is made and entered into this 19 7W day of 011CA2, 2012 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, technical booth, greenroom, and areas commonly associated with the intended use of the theater), (ii) the box office, (iii) the lobby, and (iv) the rollup window of the kitchen (collectively, the "Theater"); and (b) all fixtures, supplies, and personal property (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. 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 352 hours per calendar year for four (4) theater productions, according to an annual Theater Season schedule (the 12-3410/81830 "Annual Schedule") submitted from Lessee to Lessor. Lessee shall submit the Annual Schedule to Lessor on or before March 1" of each year during the term of the Lease, and any extension thereof and Lessor shall return written confirmation of the Annual Schedule on or before April 0 of each year during the term of the Lease, and any extension thereof. 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 non profit use fee in an amount to be agreed upon by the Parties. Premises are not available for use on Sundays prior to 2:00 p.m. SECTION 4. Term This Lease shall be for a term of two (2) years commencing at 12:01 a.m. on December 1, 2012 (the "Commencement Date") and ending at 11:59 p.m. on December 1, 2014, 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 $11,264 per year, payable in four quarterly installments of $2,816.00 each,' on the first day of the quarter 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. 12-3410/81830 2 SECTION 7. Hold Over Should Lessee hold over and continue in possession of the Premises after expiration of the Term of this Lease, or any extension thereof, Lessee's continued occupancy of said Premises shall be considered a month -to -month tenancy subject to all the terms and conditions of this Lease. SECTION 8. Maintenance Lessor shall be responsible for all structural repairs to the Premises and shall keep the foundation, exterior and interior walls and the roof in good condition during the term of the Lease. Lessor shall repaint the Premises as required so as to keep the Premises in good working 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. The roles and responsibilities are in Exhibit 2 to this Agreement and are incorporated herein by reference. Lessee shall pay a five hundred dollar ($500.00) deposit for security/cleaning maintenance. If Lessee does not adhere to the above Maintenance and cannot clean the theater area within four (4) hours, Lessor can use the deposit for a clean up. The deposit has to be maintained at five hundred dollars ($500,00). SECTION 9. 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 10. Damne 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. 12-3410/81830 3 SECTION 11. Termination By Lessor Lessor may, upon three (3) days notice in writing to Lessee for rent and thirty (30) days notice in writing to Lessee for covenants, and utilizing due process of law, terminate this Lease without liability to Lessor in the event of failure by Lessee to comply with any of the terms or conditions or agreements hereof. When public necessity as determined by the City Manager 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 12. Termination by Lessee Lessee may, upon three (3) days notice in writing to Lessor for breach or default by Lessor, terminate this Lease without liability to Lessee in the event of failure by Lessor to comply with any of the terms or conditions or agreements hereof. Notwithstanding the foregoing paragraph, in the event of termination under this Section 12, 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 13. Inspection By Lessor Lessee shall permit Lessor or Lessor's agents, representatives or employees to enter said Premises at all reasonable times for the purpose of inspecting said Premises to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect Lessor's interest in said Premises under this Lease or to perform Lessor's duties under this Lease. SECTION 14. Surrender of Premises On expiration or sooner termination of this Lease, and any extensions thereof, Lessee shall promptly surrender and deliver the Premises to Lessor. 12-3410/81830 4 SECTION 15. Ouiet Possession If Lessee pays the rent and complies with all other terms of this Lease, Lessee may occupy and enjoy quiet possession of the Premises for the full Lease term, and any extensions thereof, subject to the provisions of this Lease. SECTION 16. Sianage 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 Manager and the Design Review Board. A temporary banner announcing a show can be requested. SECTION 17. Lessee's Personal Property Lessor and Lessee hereby acknowledge and agree that Lessee may, from time to time, install Lessee's personal property, including, without limitation, sets, furnishings, scrims, lighting equipment and sound equipment. Such personal property shall remain the personal property of Lessee during the term of the Lease, and any extensions thereof and shall be removed by Lessee at the expiration, or any sooner termination, of the Lease. Lessee shall confer with Lessor on any permanent equipment, beyond a production. SECTION 18. Assignment and Subleasing Provided that Lessee is not in default under the Lease, and after the Commencement Date, Lessee shall be permitted to assign and/or sublease all or any portion of the Lease or the Premises with the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. SECTION 19. Warranty and Representation Lessor warrants and represents to Lessee that the building is constructed in a first- class manner and in full compliance with all governmental regulations, ordinances and laws existing at the time of construction. SECTION 20. Insurance A. Workers' Compensation and Employers' Liability Insurance Lessee acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Lessee covenants that it shall comply with such provisions prior to the commencement of this Lease. Lessee shall obtain and furnish to Lessor workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Lessee shall require all sublessees and contractors to provide such workers' compensation and employers' liability insurance for all of the sublessees' and contractors' employees. Lessee shall furnish to Lessor a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and, Lessee shall similarly require all sublessees and contractors to waive subrogation. 12-3410/81830 5 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, 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. 12-3410/81830 6 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 Liabilily 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. 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 12-3410/81830 7 existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this Lease. Lessee shall, at its sole cost and expense, comply with all requirements of any insurance carrier providing any insurance policy for the Premises or required by this Lease necessary for the continued maintenance of these policies at reasonable rates. SECTION 21. Lessee as Nonprofit 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. SECTION 22. Non -recyclable items prohibited. All foods and beverages shall be sold in recyclable paper or plastic containers. No pull -top cans or styrofoam containers are to be vended or dispensed from the Premises by Lessee. Lessor may from time to time review the items sold and containers or utensils used or dispensed by Lessee for purposes of monitoring compliance with this section. SECTION 23. Partial Invalidity If any of the provisions of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected thereby. SECTION 24. Good Faith Whenever this Lease grants Lessor or Lessee the right to exercise discretion, establish rules and regulations or make allocations or other determinations, Lessor and Lessee shall act reasonably and in good faith, and subject to the next sentence, take no action which might result in the frustration of the reasonable expectations of the Lessee and Lessor concerning the benefits to be enjoyed under this Lease. In no event shall the preceding sentence prohibit or impair either party's rights under the Lease in the event of a breach by the other party. SECTION 25. Entirety The foregoing, including any exhibits attached hereto and incorporated herein, sets forth the entire agreement between the parties. SECTION 26. Superseding of Prior Lease This Lease shall supersede and replace any existing lease agreements for the Premises currently or previously entered into by the Parties and all supplemental agreements, if any, entered into by the Parties regarding the leasing of the Premises. SECTION 27. Nondiscrimination Lessee and its officers, agents, and employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person in the performance of this Lease or the use of the Premises. 12-3410/81830 8 SECTION 28. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of California. SECTION 29. Notices All notices, demands and other communications required or permitted under the provisions of this Lease shall be in writing, unless otherwise specifically specified to the contrary, sent by personal delivery, by messenger, by telegram or by registered or certified first class mail, postage prepaid, return receipt requested, to the party or parties herein specified to receive such notices, demands or other communications at the following addresses, or at such addresses as the Parties shall from time to time designate in writing: LESSOR: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attention: Director of Economic Development LESSEE: HUNTINGTON BEACH. PLAYHOUSE 18411 Gothard Street Huntington Beach, CA 92648 Attention: President [SIGNATURES ON FOLLOWING PAGE] 12-3410/81830 9 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 ,71/)* 'a Nonprofit rporation By- / 1f� i�i �F��'Z�r� / / print name S: (circle one) ChairinTresidentl ce President ITS: (circle one) Secr Officer/Asst. Secretary CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California _e iviloom'� ..Development 12-3410/81830 10 CyclQrama Spare 2 Spare 2 Leg -Leg 11 Electric - ,00 3rd Electric 31A OC Grid Leg on Traveler Leg on Tr9veler Spare I Spare 1 Black Traveler Bla6k Traveler ci Electric Elec#rici Leg 1 st Electric I :Maln Drape; j 0 1 3 7 4-11 1/4" Scale 20 Huntinciton Beach Library Theatre --------- - Stage Plan - 2000 - MGE Leg (P, st Electric HB Playhouse Lease — Exhibit 2 Maintenance and Equipment: • Cleaning — the Lessor will be responsible for the general cleaning of the facility, including rest rooms, as part of the regular maintenance and support of the facility. The Lessor or third party will be responsible for cleaning the Theater after any non -Playhouse event. The Lessee will be responsible for cleaning after a Playhouse event or production, including painting of the stage at the end of each production. Lessee agrees to keep the Theater, Green Room and other theater areas in a condition that facilitates other uses and helps maintain the Theater in general. The Lessee agrees that they will not leave any food, drink or open containers overnight in the Theater, Green Room, Backstage and Box Office areas of the building. Rest Room supplies will be provided to the Lessee, to be stored in the Box Office in case of unexpected shortages. • Building access - The Lessor will provide a total of 2 entry door fobs, to facilitate access in and out of the building during a production. The Lessee agrees to ensure that these building fobs are secured and assigned to authorized staff only. The Lessee also agrees to inform the Lessor IMMEDIATELY if a key fob is lost or missing. Lessee understands and agrees to take all necessary precautions to maintain building security. • Light and Sound systems - The Lessor will define a default setup (House plot) for lighting and sound boards in the Theater. The Lessee agrees to work with the Lessor's authorized theater support contractor for each production, to coordinate and discuss any light or sound board issues/concerns or needs. Special lighting or sound setup will be communicated to the Lessor and Lessor's authorized theater support contractor as soon as possible to facilitate opening a production. • Special Equipment — The Lessor agrees to support and maintain a standard set of equipment in the Theater for support of events and productions. Any special or additional equipment required by the Lessee will be the responsibility of the Lessee. Rentals are to be coordinated with the Lessor's authorized theater support contractor. • Staffing — The House Manager and/or Producer for Lessee's productions will be a member of the Board of the Huntington Beach Playhouse. Any exceptions will be communicated to the Lessor in a timely fashion, to ensure security of the facility. • Post production responsibilities and attached Post Strike Checklist - The Stage Manager and/or Producer of each show will be responsible for a post strike walkthrough and will submit a checklist report of systems and spaces at the end of each strike. • Lessor reserves the right to schedule other events in other meeting spaces not in use by the Lessee. However, Lessor will make every effort to counter schedule compatible uses with Lessee productions. • In case of multiple events in the facility, the Lessee agrees to move intermission services, such as refreshments, to the Kitchen roll down counter and to the South Lobby area, nearest the double entry doors. The Rotunda will be shared space, and Lessor and Lessee will encourage safe and open access for both events. Questions and comments about other events need to go through Lessor/Lessor's event staff. • Lessee understands and agrees to follow standard safety practices while on premises. • Communication - The Lessor and Lessee will meet semi-annually to review maintenance, cleaning and equipment issues. Pre Production Checklist 1. Meet with Theater Support contractor to review light and sound board needs. _complete 2. Submit and coordinate any special equipment requests with Library's Theater Contractor. _ complete 3. Ensure that backstage and loading dock areas are cleaned and safe for access in and out of the Theater at all times. complete 4. Theater walkthrough with Library staff to check equipment and status of the Theater. _complete 5. Any problems/concerns/missing materials/damage communicated to Library Administration. _complete Production Strike Checklist 1. All Scenery removed from Stage? _yes_no 2. All areas of backstage swept and mopped? _yes _no 3. All curtains (including traveling curtains and tracks) and borders replaced and set to original space, height and look? _yes _no 4. All cables coiled correctly and stored? _yes _no 5. All tools put away or taken if owned by cast or crew? _yes _no 6. Stage repainted black (may occur following day)? _yes _no 7. No scenery or props left behind in theater or loading dock area? _yes _no 8. Green Room cleared of all props, wardrobe, trash, food, personal belongings? _yes no 9. Tech booth cleared of trash and all personal items removed? _yes _no 10. Lighting and sound boards ready for next event/client? _yes _no 11. Lighting and sound boards properly shut down and covered? _yes _no 12. Spot lights put away and properly stored? _yes no 13. All Library Equipment put away and properly stored? yes no 14. All Rental Equipment returned? _yes no 15. All cabinets closed and locked? _yes no 16. All cleaning equipment properly cleaned and stored? _yes no 17. Loading doors shut and locked? _yes no HB -273- Item 11. - 17 COMMERCIAL INSURANCE APPLICATION cwu ..� APPLICANT INFORMATION SECTION DATE (MMIDDIYYVYI 6/28/2012 AGENCY Bannister E Associates Insurance License #0691071 305 17th Street Huntington Beach CA 92648-4209 EACF Doug Bannister _.._._. PWNE (71�k}53Fa-6086 Siw—ul. Ex�: ---_-- x _ (714)536-4054 EF�-It JUL '—'--' ADfl_RESS_. dougftai —ins. Coin SUB CODE' - -- AuF*CTct7sToAmERm- 00004418 CARRIER Philadelphia Indemnity Ins Co UNDERWRITER: __j UNDERWRITEROFFtCE:__ POLICIES OR PROGRAM REQUESTED ' POLICY NUMBER �PKPK883232 INDICATE SECTIONS _ATTACHED _ _ ACCOUNTS RECEIVABLE! VALUABLE PAPERS HOUR & MACHINERY —J BUSINESSAUTO $ : COMMERCIAL GENERAL LIAwLITY CRIMElMISCELLANEOUS CRIME DEALERS f X ! DRIVER INFO SCHEDULE I ELECTRONIC DATA PROC EQUIPMENT FLOATER GARAGE AND REALER$ GLASS AND SIGN INSTALLATIONMUILDERS RISK OPEN CARGO PROPERTY TRUCKERSNOTOR CARRIER I UMBRELLA VEHICLE SCHEDULE WORKERS COMPENSATION YACHT QUOTE '_ ISSUE POLICY X RENEW ENTER'THI S INFORMA7iCN WHEN COMMON DATES AND TERMS APPLY TO SEVERAL LINES. OR,FOR MONOLINE POLICIES. - BOUND (Give Date and/or Attach Copy). CHANGE' DATE TIME PROPOS>rR EFF DATE s PROPOSED EXP DATE BILLING PLAN PAYMENT PLAN __ X .-_ AU'QFT _ AM DIRECT BILL I i CANCEL PN1 7 J 13 J2 012 7 J 13 / 2 013 j - AGENCY BILL ' PgCKAGE P LICY PREMIIUM: .APPLICANT INFORMATION NAME {First Named Insured & Other Named Insureds) MAILING ADDRESS INCL ZIPe4 (of First Narrled Msured) ' Huntington Beach Playhouse 118411 Gothard, Suite T i jHuntington Beach CA 92648 { EEINaRsocSEC a 956111594--- , artoNE ofl No. Est): (714)647-4357 E-MAIL ADD,ICES-SfES)'..- ain.eea(4hbph.com or jalyntaturnex@ganail.cam ADDIlESS(E$i ININVOLL4L�^ SUSCFiAPTER- - CORFflRATION .- _ S" -- NO OF MEMBERS � LLC - `I CORPORATION _ AND MANAGERS CR BUREAU NAME STk FD PAR7NERSHtP NOTFOR JOINT VENTURE I X ! PROFIT ORf_ „_i ID NUMBER: �1963 INSPECTIONCONTACT:Jolyn Turner . -_� - - ACCOUNTING RECORDSCONTACi':Beverly Y,uCero PHONE Ext: (714)847-4357 ADDEE - jol aturner@gMed1.Co PHONE E•ADRE 1 •(714)847-4357 ] D PRENUS1ES INFORMATION 1 : ACOFRD 823 attached for -I toot BLD a STREET. CITY, COUNTY, STATE, ZIPs4 118411 Gothard, Suite F )Huntington Beach 'Orange Co. 7111 Talbert Ave. Huntington Beach 2 Grange Co. CA 92648 CITY LIMITS I INTEREST- _. X i INSIDE OWNER !� OUTSIDE X+ TENANT i Xi INSIDE OWNER CA 92648 OUTSIDE X TeVANT T i INSIDE OWNER i OUTSIDE TENANT INSIDE 1 OWNER O(1TSIDE TENANT BUT 1 EMPLOYEES I ANNUAL REVENUES + OCCUPIED - 21 800 1975 NATURE OF BUSINESSIDESCRIPTION OF OPERATIONS BY PREMJSE S) �MFH iS a private, non-profit organization that produces and presents plays I- P Eio i FORMCityAttOrney Der) a L.y�At ey ACORD 125 (2007107) Page 1 of 3 (91993-2007 ACORD CORPORATION. All rights reserved,. INS12 z (2007071 Tho dP-_non n�-- n --[ le-^ -eA rbnicts nrd -nrk-. ^f Ar^Pn Item 11. - 18 HB -274- GENERAL INFORMATION AGENCY CUSTOMER ID: 00004418 EXPLAIN ALL "YES" RESPONSES +a IS THE APPLICANT A SUBSIDIARY OF ANOTHER ENTITY 7 DOES THE APPLICANT HAVE ANY SUBSIDIARIES1 2 IS A FORMAL SAFETY PROGRAM IN OPERATION? 3. ANY EXPOSURE TO FLAMMABLES. EXPLOSIVES, CHEMICALS? 4. ANY CATASTROPHE EXPOSURE? 5. ANY OTHER INSURANCE WITH THIS COMPANY OR 13EING SUBMITTED? S- ANY POLICY OR COVERAGE DECLINED. CANCELLED OR NON -RENEWED DURING THE PRIOR THREE (3) YEARS? (Nat appiirabte in MO) 7 ANY PAST LOSSES OR CLAIMS RELATING TO SEXUAL ABUSE OR MOLESTATION ALLEGATIONS. DISCRIMINATION OR NEGLIGENT HIRING? B DURING THE LAST FIVE YEARS (TEN IN RI). HAS ANY APPLICANT BEEN INDICTED FOR OR CONVICTED OF ANY DEGREE OF THE CRIME OF FRAUD, BRIBERY. ARSON OR ANY - OTHER ARSON -RELATED CRIME IN CONNECTION WITH THIS OR ANY OTHER PROPERTY j—• - Un RI, this question must be answered by any applicant for properly insurance. -Fatlure to dismse the existence of an arson conviction is a misdemeanor punrShabie by a sentence cf up to one year of imprtsonmera). VNY UNCORRECTED FIRE CODE VIOLATIONS? If) ANY BANKRUPTCIES. TAX OR CREDIT LENS AGAINST THE APPLICANT IN THE PAST FIVE (S) YEARS 2' HAS,BUSINESSBEFNPL4LCEDINATRUST-7IF "YES", NAME OF TRUST" 5 1Z ANY FOREIGN OPERATIONS, FOREIGN PRODUCTS DISTRIBUTED IN USA, OR US PRODUCTS SOLI)MISTRIBUTED IN FOREIGN COUNTRIES? ! I S , (If 'YES-, attach ACORD 615for Liablity Exposure andlor ACORD 816 For Property Exposure) REMARKSIPROCESSING INSTRUCTIONS (Attach additional she is If more space is required) ' COPY OF THE NOTICE OF INFOPMATFON PRAC T ICES (PRPVAGY). HAS BEEN GIVEN TO THE APPLICANT. (Not appltcabla In elf slates, consWt your scent or broker for your slate's requuerneseis.) NOTICE OF_IN URMQE INFQR_TvIATItDN PRAC1 ICES - PERSONAL INFORMATION ABOUT YOU, INCLUDING INFO(iMATtON FROM A CREDIT REPORT. MAY BE COLLECTED FROM PERSONS OTHER THAN YOU IN CONNECTtON WITH THIS APPLICATION FOR INSURANCE AND SUBSECUENT POLICY RENEWALS. SUCH INFORMATION AS WELL AS OTHER PERSONAL AND PRIVILEGED INFORMATION COLLECTED, BY US OR OUR AGENTS MAY IN CERTAIN CIRCUMSTANCES BE DISCLOSED TO THIRD PARTIES WITHOUT YOUR AUTHORIZATION. YOU HAVE THE RIGHT TO REVIEW YOUR PERSONAL INFORMATION IN OUR FILES AND CAN REQUEST CORRECTION 1DF ANY INACCURACIES. A MORE DETAILED DESCRIPTION OF YOUR RIGHTS AND OUR PRACTICES REGARDING SUCH INFORMATION IS AVAILA8LE UPON REQUEST CONTACT YOURAGENT OR BROKER FOR INSTRUCTIONS ON HOPlTO SUBMIT A REQUESTTO US, ANY PERSON t "Ci KNOWINGLY At4a WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR ANOTHER PERSON FILES AI+! APPLICATIOFF FOR INSURANCE OR STATEMENTOF CLAIM: CONTAINING ANY MATERIALLY FALSE INFORMATION. OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND (NY: SUBSTANTIAL) CIVIL PENALTIES. (Not appfteaNe m CO, FL, HIT MA, NE, OH, OK, OR, or VT; in M. LA, ME,, Tfd, VA and WA, insurance benefits may also be denied) IN FLORIDA_ ANY PERSON WHO KNOWINGLY AND WITH LATENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES.A STATEMENT Of CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE. THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE ENQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION, HE/SHE REPRESENTS THAT THE ANSWERS ARE TRUE. CORRECT AND COMPLETE TO THE BEST OF HIS/HER '%WLEDGE. JDCER'S SIGNATURE PRODUCER'S NAME (Please Print) !NATIONAL PR04UCER NUMBER. I i aPPUGANrs SIGNATURE I DATE ACr)Rn 121; f7LIDWA74 P.,* 9 of A HB -275- Item 11. - 19 AGENCY CUS70MER ID: 00 004 410 CARRIER POLICY NUMBER Phlladelphi.a Indeml Philadelphia Index .. PIIPSL732115 j PHPx5B72B5 i"IE i� .........,.�.....�3 yp�c �a ..,.w.nu..,� ...,..... ._:... we REPRO DATE .._._.... __..,....... -._._ /I3/2Q11 7/13- I ----- ----.�' /201- 1G : 7J13/2012EFF-F(P DATE 0, 22,0OOO OOOGENERALaGGREGATE— ' _7/i3/2010 I7 C PRODUCTS COMP OP a z,ao,000a, aoo, 000sp - - --- - L ! PERSONAL &ADV [NJ 1, 000, 000: 1,000,00() E E ACHOCCURRENCE 1,000,000 ' 1,000,000 e I 1 i FIRE DAMAGE 1,000,000 11000, 000 A 0 1 MEDICAL EXPENSE 20,000 20,000 i. S 1 BODILY OCCURRENCE - #NJURY I , AGGREGATE Y 'OCOURRE�iCE [pFOPERTY --- AMAGI: AGGREGATE I - COMEME-9 SINGLE LIMIT-- - - -- .._.._ NiODIF#CAT10N FACTOR - _. 4- TOTAL PREMIUM CARRIER POLICY NUMBER A i POLICY TYPE _ U L -- -- - ! EFF-EXP AT ! DE TA L._ ._.—.- 8 ; COMBINED SINGLE LIfAtT �C EA PERSON --- -- -I--- ----- L T i kOJUIRY FA ACCIDENT! E y __. -PROPERTY DAMAGE ? _ _ - - __. -- �100 FICATIoN FACTOR .-- TOTAL PREMIUM # CARRIER Philadelphia indemni Philadelphia Sndemni POLICY NUMBER PHFK732115 PHPK587265 R POLICY TYPE — - • Package Package .-7/13/2011 t _ O P.- EFF-£!(P DATE 7/13/203-2 17/13/2010 7/13/203.1 100,000 100,000-- R BUIIDtNG Af 4T TX I PCFtg PROP AMT+jam` M DIRCATION FACTOR TOTAL PREMIUM CARRIER POLICY NUMBER POLICY TYPE.-- EFF LIMIT MODIriCATION FACTORTOTAL PREMIUM r i trc nu. i;ujltw� VK Ll15St5 Kt(iAKLiLE55 OF FAULT AND WHETHER UK NOT INSURED) OR OCCURRENCES THA ifi TSiI= PRIOR 5_yFA.+?C 13 YFA S iS K^� �`� OATE OCCURRENCE F LINE I TYPEIDESCRIPTION OF OCCURRENCE OR CLAIM OF CLAIM REMARKS NOTE. FIDELITY REOWRES A FIVE YEAR LOSS HISTORY MAY GIVE RISE TO CLAIMS AMOUNT f AMOUNT PAID j RESERVED ATTACHMENTS STATE SUPPLEMENT(S) (If prraon 4-2r 0.- Z of 9 Item 11. - 20 xB -276- 0 ,�IC�RV COMMERCIAL GENERAL LIABILITY SECTION DATE (MMiDDNYYYj 6/28/2012 AGENCY PHONE rArc.Nn.Exc)- (714)535-6066 ,. APPLICANT (Fuss Huntington Beach Playhouse Named instnedj . j FAX (714) 536-4054 I fAIG,;�Noi_ Bannister & ASSOCiateS Insurance Agency IISe #(D S 91071 _ i:FFECTtIlE DATE 3 EXPIRATION DATE , X DIRECT SILL PAYMENT PLAN 1I AUDYT i7th Street 7/13/2012 7/13/2013 AGENCY 811­L Huntington Beach CA 92648-4209 FOR ----. -----_ - COMPANY USE ONLY CODE: SUB CODE: A.aENCY .0i30044i8 COVERAGES LIMITS X COAAftltERCIALGENERAL LIABILITY GENERALAGGREGATE _,,, $2,L000,000 PREMIUMS CLAIMS MADE 1 x OCCURRENCE PRODUCTS 8 COMPLETED OPERATIONS AGGREGATE $2 , 0 0 0 , 0 00 i PRENIlSESIOPERATIONS _ .-j OWNER'S B CONTRACTOR'S PROTECTIVE - PERSONAL S ADVERTISING INJURY _.— .. _-- --- -$1 , 0 00 , 00Q_ _ 3 , 9 B B . 0.0 _.._ - ! u` -- ---. �. EACH OCCURRENCE $1, 00 0 , 00 0 PRODUCTS EEII T®LES DAMAGE TO RENTED PREMISES (each occurrence) $1, 000 , 000 — PROPERTY DAMAGE $ MEDICAL EXPENSE (Any one Person) s20,000 OTHER ftQDILY INJURY $ J G PER 1.E0.MPLOYEE BENEFITS-, - $ 389.00 ---- PER $ i OCCURRENCE_.-.�.— .__ TOTAL OTHER COVERAGES, RESTRICTIONS ANDIOR ENDORSEMENTS (For Nredlnon-owned auto coverages attach the applicable state Business; Auto Section. ACORD 1 a7) 4t377.00 C-eneral Liability Deluxe Endorsement I I SCHEDULE OF HAZARDS LOC i HAZ 1 i REM IidA6 CLASSIFICATION CLASS PHASIS CODE� ...— L g/Fretaisea-Office- EXPOSURE TERR RATE __.._ PITEM0PS-y PI SOC-NFP 161227 IA Area 5,000 190.14500 Threat se-NOC-NiTB . 49185 Admz9Si6Ii II2,32D ,38.64900 I RATING AND PREMIUM BASIS M PAYROLL- PER W,OWPAY (C) TCTAL COST- PER $1.WCIGOST (S) GROSS SALES - PER $1,0001SALE8 (A) AREA - PER 1.000GO FT {M) ADMISSIONS - PER I OWADM ,.Yes" PREMIUM PRElWOPS PRODUCTS 989.04 2, 999. OD --- (Uj UNIT -PER UNIT (T) OTHER EXPLAIN ALL "YES' RESPONSES 1, PROPOSED RETROACTIVE DATE' 2. ENTRY DATE INTO UNINTERRUPTED CLAIMS MADE COVERAGE- 3- HAS ANY PRODUCT, WORK, ACCIDENT, OR LOCATION BEEN EXCLUDED, UNINSURED OR SELF -INSURED FROM ANY PREVIOUS COVERAGE? 4. WAS TAIL COVERAGE PURCHASED UNDER ANY PREVIOUS POLICY? 1 DEDUCTIBLE PER CLAW: $ T 3. NUMBER OF EMPLOYEES COVERED BY EMPLOYEE BENEFITS PLANS: ACORD 126 (2007105) INS126 (200705) Page 1 of 4 © ACORD CORPORATION 1993-2007. All rights reserved- TIw- ACORn narvra and Inn^ era ►arsrtFtnrari rn�rkre mf Ammn xB -277- Item 11. - 21 -CONTRACTORS yfm EIMPLAIN ALL "YES" RESPONSES For pastor present operetiorre�_,� 1. DOES APPLICANT DRAW PLANS, DESIGNS, OR SPECIFfCATIONS FOR OTHERS? I� 2. OD ANY OPERATIONS INCLUDE BLASTING OR UTILIZE OR STORE EXPLOSIVE MATERIAL? 3. DO ANY OPERATIONS INCLUDE EXCAVATION, TUNNELING, UNDERGROUND WORK OR EARTH MOVING? 4, DO YOUR SUBCONTRACTORS CARRY COVERAGES OR LIMITS LESS THAN YOURS? `f 5_ ARE SUBCONTRACTORS ALLOWED TO WORK WITHOUT PROVIDING YOU WITH A CERTIFICATE OF INSURANCE? i 5. DOES APPLICANT LEASE EQUIPMENT TO OTHERS WITH OR WITHOUT OPERATORS? DESCRIBE THE TYPE OF WORK SUBCONTRACTED $ PAID TO SUB- % OF WORK k FULL- 1 N PART ?_ QSW_RAC Q.RS• . , TRACIED, , 11WEISTAFF: LMM_ aT PRODUCTS ANNUAL GROSS SALES # OF UNITS TIME E EXPEGTEU INTENDED USE rheater I I I I I } 1 i I _EXPLAIN kLL "YES' RESPONr avast ar present product or operattoa PLEASE ATTACii UTERATUR� t3ROCIMURES t,i.ABEL WARNINGS, ETC_ — 1. DOES APPLICANT INSTALL, SERVICE OR DEfL40NSTRATE PRODUCTS? Z. FOREIGN PRODUCTS SOLD, DISTRIBUTED. USED AS COMPONENTS? (if "YES", attach ACORD 815) 3. RESEARCH AND DEVELOPMENT CONDUCTED OR NEW PRODUCTS PLANNED? 4. GUARANTEES, WARRANTIES, HOLD HARMLESS AGREEMENTS? - -- - - -- -- 5. PRODUCTS RELATED TO AIRCRAFTiSPACE INDUSTRY? 6. PRODUCTS RECALLED, DISCONTINUED, CHANGED? J -F z'gT i� { I 7 PRODUCTS OF OTHERS SOLD OR REPACKAGED UNDER APPLfCANTLABEL? $, PRODUCTS UNDER LABEL OF OTHERS? S. VENDORS COVERAGE REQUIRED? i 4 10. DOES ANY NAMED INSURED SELL TO OTHER NAMED INSUREDS? � i�— ii AnnRn 499 l2fla7laR1 ATTAC`64 Tn SC (1RR 41w; Item 11. - 22 xB -278- ADDITIONAL INITERESTICERTIF1CATE RECIPIENT ^ ACORD 45 attached for additional names INT >eST RAMC: ! NAME AND ADDRESS REFEAENCE 4� 1 CERTIFICATE REQUIRED INTEREST IN ITEM NUMEER ADD[TIONALMSCLREII j LOCATION: k BUILDING. -- j LOSS PAYEE VEHICtjE: - BOAT: - MORTGAGEE SCHEDULED ITEM NUMBER: ]ENHOLDER OTHER — — EMPLOYEE AS LESSOR -- LSM'PTtON. EXPLAIN ALL "YES" RESPONSES (Fax all pasE or present aperatiansy. I. ANY MEDICAL FACILITIES PROVIDED OR MEDICAL PROFESSIONALS EMPLOYED OR CONTRACTED? 2. ANY EXPOSURE TO RADIOACTIVEINUCLEAR MATERIALS? 3, DOIHAVE PAST, PRESENT OR DISCONTINUED OPERATIONS INVOLVE(D) STOKING, TREATING, DISCHARGING, APPLYING, DISPOSING, OR TRANSPORTING OF HAZARDOUS MATERIAL? (e-g. fandfiffs, wastes, fuel tanks, etc) 4. ANY OPERATIONS SOLD, ACQUIRED, OR DISCONTINUED IN LAST FIVE (5) YEARS? 5. MACHINERY OR EQUIPMENT LOANED OR RENTED TO OTHERS? 6. ANY WATERCRAFT, DOCKS, FLOATS OWNED, HIRED OR LEASED? NY PARKING FACILITIES OWNEDIRENTED? & IS A FEE CHARGED FOR PARKING? 9. RECREATION FACILITIES PROVIDED? 10. IS THERE A SWIMMING POOL ON THE PREMISES? 11 SPORTING OR SOCIAL EVENTS SPONSORED? T 12. ANY STRUCTURAL ALTERATIONS CONTEMPLATED? 13. ANY DEMOLITION EXPOSURE CONTFMPLATED? 14. HAS APPLICANT BEEN ACTIVE IN OR IS CURRENTLY ACTIVE IN JOINT VENTURES? 15. DO YOU LEASE EMPLOYEES TO OR FROM OTHER EMPLOYERS? 16, IS THERE A LABOR INTERCHANGE WITH ANY OTHER BUSINESS OR SUBSIDIARIES? Evi ACORD t 21; 01!10711141 Pans% 3 of 4 HB _279_ Item 11. - 23 GENERAL INFORMATION i SXFMM ALL" 4'ES" RESPONSES (For all past or present aperallonsl t? ARE DAY CARE FACILITIES OPERATED OR CONTROLLED? I& HAVE ANY CRIMES OCCURRED OR BEEN ATTEMPTED ON YOUR PREMISES WITHIN THE LAST THREE (3) YEARS? is. IS THERE A FORMAL, WRITTEN SAFETY AND SECURITY POLICY IN EFFECT? 20. DOES THE BUSINESSES' PROMOTIONAL LITERATURE MAKE ANY REPRESENTATIONS ABOUT THE SAFETY OR SECURITY OF THE PREMISES? REMARKS YIN. 'N7 ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COWIPANY OR ANOTHER PERSON FILES AN APPLICATION FOR INSURAP I`. STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNIt ! FACT MATERIAL THERETO, COM"TS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME ARID SUBJECTS THE PERSON TO CRIMINAL AND [NY: SUBSTANTIAL) x'IVIL PENALTIES. (Not applicable In CO, FL, HI. MA, NE, OH, OK, OR or VT. In DC. IA, ME, TN. VA and WA Insurance benefits may also be denied)_ IN FLORIDA, ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE. ACO Rn 97& f7fl vn5l Paean 4 of 4 Item 11. - 24 HB -280- AGENCY CUSTOMER ID: 00004418 DATE (MWDOfYYYYI 6/28/2012 l nGENcr Bannister & Associates Insurance Agency } APPLICANT( First Namedlnswed} Huntington Beach Playhouse j Inc. _ CY NUMBER CARRIER NAIC CODDE jr-siPK883232 Philadelphia Indemnity Ins Co EFFECTIVE DATE # EXPIRATION DATE j X j DIRECT BILL PAYMENT PLAN AUDIT FOR COMPANY USE ONLY 7/13/2012 7/13/2013 AGENCY diti { PREMISES p:1 STREET ADDRESS: 18411 Gothard, Suite F PREMISES INFOWATION . 6UR�#= 1 BLDG DESCRIPTION: SUBJECT OF INSURANCE Burine$S Personal Property ADDITIONAL INFORMATION Special farm ; 50,000 90 RC BUSINESS INCOME 1 EXTRA EXPENSE -Attach ACORD 810 AND RATING DED # { 1,000' FORMS AND CONDITIONS TO APPLY -.. VALUE REPORTING INFORMATION-AitachACORD 81i SPOfLAGE COVERAGE I DESCRIPTION OF PROPERTY COVERED "MIT 1 DEDUCTIBLE I REFRIG MAINT AGREEMENT! OPTIONS (YIN? Property Elite endorsement attached - #OF OPEN SIDES ON STRUCTURE: CON TRS UCTICN TYPE MTANGE FO FIRE DiSTRICT�CODE NUMBER ? PRO, C, ' # ST�iY 65 AS S YR BUILT TOTALAREA I HYDRANT FliESTAT� 12800 Json ed Masonry — _ rY . BUILDING iMPROVEMETdTS FT i MI�_ ..._, ROOF TYPE OTHER OCCUPANCIES BLDG CODE : TAX CODE GRADE I j WIRING. YR;r._ _ I FLUMS(NG, YR ---- Tar &Graved RdOFiNG, YR: WND CLASS � 7 HEATING, YR � SEW- F2ESISTNE 1 HEATING BOILER ON PREMISES? {YIIJ) 3 OTHER € YR: : IF YES, IS If�fSURANCE PLACED ELSEWI-SERE? (YIN) � _ RR04TEXPOSURE& DtSTANGE _ -IRE LEFT EXPOSURE &DISTANCE _ _...____..... i FRONT EXPOSURE A DISTANCE i REAR EXPOSURES. J DISTANCE �— . �- _,. CERTIFICATE # EXPIRATION DATE I f___1 CENTRAL 3TP.T304 BURGLAR ALARIA TYPE f { WITH KEYS .. �._ 6URGLAR ALAR30INSTALLED AND SERVICED BY EXTENT GRADE # GUARDSW TCAMEN y CLOCK HOURLY - _.. _._he-mI' _._...-' ...__...__.._.-- PREMISES FIRE PROTECTION (SPrinldeis, Standpipes, CO21CIremlcal Systernsj � P RNK� FIRE ALARM MANUFACTURER - i � a CENTRAL STATICit�f 100 I I _- LOCAL GONG ADDITIONAL INTERESTS RANK: NAME AND ADDRESS: REFERENCE#: - 1 CERTIFICATE REQUIRED INTEREST IN ITEM NUMBER TZEST LOCATION: _TBUILDING: LOSS PAYEE - SCHEDULED ITEM NUMBER: _ MORT - - -•- - _. GALL OTHER AGLL 3 ITEM DESCRIPTION: ACORD 140 (2007109) INS140 momgi ATTACH TO ACORD 125 Q 1985-2007 ACORD CORPORATION. All rights reserved, Tho At`CM11 ,nsma anrt 1,w Ara ra.:Lc4urari —Le f Af:nPr% xB -281- Item 11. - 25 AGENCY CUSTOMER ID: 00001418 ADDITIONAL PREIii i3:2 I STREETADDREss: 7111 Talbert Ave- PREMISESINFORMATION13LDG13ESCRWTION: SRSJECT pp INSURANCE_ BusinesaFersonal Property 1 ADDITIONAL INFORMATION AMOUNT__—_ r, ICOINS AnOW %' _ .--... Tit] C_A_USES_O_P_ LOSS_ 'Special foster 50,0001 90 1 RC t i J I I i [BUSINESS INCOME EXTRA EXPENSE -Attach ACORD 310 pED 0 _! FORMS AND CONDITIONS TO APPLY _-----.._. VALUE REPORTING INFORMATION - Attach ACORD 611 A€ DITIONAL C€ VERAGES, OPTIONS, RESTRICTIONS, ENDORSEMENTS AND DATING INFORMATION SPOILAGE COVERAGE + DESCRIPTION OF PROPERTY COVERED LIMIT DEDUCTIBLE j REFRIG G9AIN7 AGREEMENT OPTIONS 1 ryii I (YIN) r--� — _.— — - $ Property Elite endorsement attached A OF OPEN SIDES ON STRUCTURE: CONSTRUCTION TYPE '• DISTANCE TO FIRE DI5TR{CTtCODE NUMBER HYDRANT FIRE STAT =ted masonry BUILDING IMPROVEMENTS I WRING. YR. ROOFING. YR: �( OTHER RICAIT EXPOSURE $ DISTANCE BURGLAR ALARM TYPE ' FTL mI- - -- -6LDG CODE [ TAX CODE 1 ROOF TYPE GRADE PLUMBING, YR � _ HEATING, YR. NN!D CLASS YR: RESISTIVE LEFT EXPOSURE & DISTANCE BURGLAR ALARM INSTALLED AND SERVICED BY CERTIFICATE V PREMISES FIRE PROTECTION ISprinkfers, Standpipes, COViChemical Systental ADDITIONAL INTERESTS SEMI- RESISTIVE PROTCL # STORIES 0 BASP ! YR BUILT I TOTALAREA 5 1975 4800 { OTHER OCCUPANCIES HEATING BOILER ON PREIiii (YIN) IF YES, IS FRONT EXPOSURE &D157ANCE PLACED ELSEWHERE? (YIN) El 1 REAR EXPOSURE & DISTANCE — EXPIRATt0N DATE 'i CENTRAL STATION WITH KEYS �XTENT .GRADE--- - I 0 GUAROWWATCHMEN�CLOCK HOURLY -^.. % SPRNK FIRE ALARM MANUFACTURER CENTRAL STATION Zoo I 1 LOrAL rd)Nrs RANK: NAME AND ADDRESS: REFERENCER. —� CERTIFICATE REQUIRED INTERESTiN ITEM NUMBER INTEREST LOCATION: ; BUILDING: LOSS _T PAYEE '. SCHEDULED ITEM NUMBER: MORT- GAGES .- ----_.OTHER: ITEM DESCRIPTION: ANY PERSON M40 KNU NGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR ANOTHER PERSON FILES AN APPLICATION FOR INSURANCE C-F STATEMENT OF CLAM CONTAINING ANY MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL.. THERETO. COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND [NY' SUBSTANTIALI CIVIL PENALTIES. (Not applicable in CO, FL, HI, MA, NE, OH, OIL. OR or VT-. in 00, LA, ME. TN, VA and WA, insurance beneflls may also be denied) IN FLCIRIDA, ANY PERSON WHO KNOWINGLY AND WITH INTENT TO .INJURE, DEFRAUD. OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM r "� APPLICATION CONTAINING ANY FALSE. INCOMPLETE, DR MISLEADING INFORMATION IS GUILTY OFA FELONY OF THE THIRD DEGREE. IN MASSACHUSETTS, NEBRASKA, OREGON AND VERMONT, ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR ANOTHER PERSON FILES --AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MA € ERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND MAY SUBJECTTHE PERSON TO CRIMINAI_AND CIVIL PENALTIES. annpn 1An f7nnw i pann 7 ns 7 Item 11. - 26 HB -282- City ®f Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk November 29, 2012 Huntington Beach Playhouse Attn: President 18411 Gothard Street Huntington Beach, CA 92648 To Whom It May Concern: Enclosed for your records is a copy of the fully executed "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 G:followupagrmthr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand