The URL can be used to link to this page

Home My WebLink AboutHuntington Beach Union High School District - 1986-04-21 PARKWAY LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT THIS AGREEMENT made and entered into this I day of vq�A , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, herein called "CITY" , and HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT, herein called "LICENSEE" . WHEREAS, LICENSEE has requested permission to construct improvements in the public right-of-way, specifically the construction and installation of a marquee in the public right-of-way at Edinger Avenue and Springdale Street in accordance with plans and specifications submitted by LICENSEE and approved by CITY; and, LICENSEE has provided for maintenance of said improvements as noted above (hereinafter referred to as "IMPROVEMENT AREA" ) , which area is set out and delineated in Exhibit "A" , attached hereto and incorporated herein by the reference; and Said IMPROVEMENT AREA is located within the City of Huntington Beach, County of Orange, California, and more particularly shown on Exhibit "A" ; and, By this Agreement, the parties hereto desire to clarify and specifically delineate their respective obligations with respect to the maintenance of the aforedescribed IMPROVEMENT AREA. (1) NOW, THEREFORE, the parties agree as follows: 1. PURPOSE CITY grants to LICENSEE a license to utilize the IMPROVEMENT AREA for the purpose of constructing, installing and maintaining a marquee sign. 2 . TERM The term of this license shall be perpetual, provided that CITY may at any time terminate this license upon thirty (30) days written notice to LICENSEE. 3. MAINTENANCE During the term hereof LICENSEE agrees to maintain the IMPROVEMENT AREA in good and satisfactory condition. Maintenance shall include but not be limited to keeping the IMPROVEMENT AREA in a repaired, clean, safe and attractive condition, taking into consideration a continuation of the aesthetic quality of the surrounding area. The IMPROVEMENT AREA shall be free from weeds, debris and harmful insects at all times. All such maintenance practices so performed shall conform to the maintenance standards set forth in CITY' S Arboricultural and Landscape Standards and Specifications, issued by the CITY' S Department of Public Works . 4. INSTALLATION DAMAGE In the event any damage is caused to the curb, gutters, sidewalk, street or utilities as a result of the construction and installation of the marquee and/or maintenance of the IMPROVEMENT AREA, LICENSEE shall promptly repair same at its own expense. ( 2 ) 5. FAILURE TO MAINTAIN In the event LICENSEE does not maintain the IMPROVEMENT AREA to the standards set forth in Section 3 hereof, CITY shall cause such maintenance to be performed and all costs thereby incurred shall be assessed to and billed directly to LICENSEE. Payment therefor shall be due within ten (10) days of said billing. 6. 14ATERIAL ALTERATIONS LICENSEE shall make no material change in the placement or type of improvements within the IMPROVEMENT AREA nor shall the design of the IMPROVEMENT AREA be materially changed without prior written consent of CITY. 7. INDEMNIFICATION, DEFENSE, HOLD HARbILESS LICENSEE hereby agrees to defend, indemnify and hold harmless CITY, its officers and employees from and against any and all liability, damages, costs, losses, claims and expenses, however caused, arising from LICENSEE ' S negligence or willfull misconduct in the performance of this Agreement. Any concurrent negligence or willful misconduct of CITY, its officers and employees shall in no way diminish LICENSEE ' S obligations hereunder. 8. GENERAL PUBLIC LIABILITY INSURANCE LICENSEE will, at its sole expense maintain in force during the entire term of this Agreement a general public liability insurance policy in which CITY, its officers and employees are named as Additional Insureds . Said policy shall insure LICENSEE, against any and all loss, damage or expense by reason of any suits, claims, demands, judgements and/or causes of action arising out of ( 3) or in consequence of LICENSEE ' S performance of this Agreement. The policy shall provide coverage in not less than the following amounts : Combined single limit bodily injury and/or property damage including vehicles, owned and non-owned: $1,000, 000 combined single limit per occurrence. Said policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Board of Casualty Underwriters, together with such endorsements as are required to cover the risks involved. Evidence of such insurance shall be furnished to CITY on the CITY' s form and shall be approved by the City Attorney. Any such policy must contain a provision of written notice to the CITY of the expiration or cancellation of said policy not less than thirty (30) days before such expiration or cancellation is effective. 9. NONEXCLUSIVITY This license is nonexclusive, and the IMPROVEMENT AREA shall at all times be open to use by the general public. 10. NONDISCRIMINATION LICENSEE agrees that in the performance of this Agreement and use of the IMPROVEMENT AREA it will not engage in, nor permit its agents to engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex. (REST OF PAGE NOT USED) (4) 11. ENTIRE AGREEMENT This instrument contains the entire Agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. LICENSEE: HUNTINGTON BE CH UNION CITY OF HUNTINGTON BEACH HIGH SCHOOL DISTRICT a municipal corporation J, of the State of California • Dr Lee Eastwoo - Asst. MAYOR Superintendant, Business Services APPROVED TO FORM: f� City Att rney ATTEST: IN TED AND A VED C. City Clerk ya3 Director of Public Works REVIEW ANDkAPROVED: Ci y Administ for (5) 4tZ---"T`A.,!f.•.t i141� -4lC;H-� V NNW IISA w �v P 0 E m EXHIBIT - "" w O� ISSUE DATE(MM/DD/YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Alexander & Alexander of Cal . , Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3233 Park Center Dr. , #500 Costa Mesa, CA. 92626-1907 COMPANIES AFFORDING COVERAGE (714) 957-6005 - - - COMPAN LETTER Y A California Ins. Co. (CIIA) COMPANY INSURED LETTER B HUNTINGTON BEACH UNION HIGH SCHOOL LE1 ERNv C DISTRICT - 10251 Yorktown Avenue COMPANY D Huntington Beach, CA. 92646 LETTER - --- - - - - -- --- COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND COIJ TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY') EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY A COMPREHENSIVE FORM INJURY $ $ PREMISES/OPERATIONS PROPERTY UNDERGROUND DAMAGE $ $ EXPLOSION&COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS OB 875-0958 12-1-85 12-1-86 BI&PD 1 ,000; NIL CONTRACTUAL COMBINED $ $ INDEPENDENT CONTRACTORS *SUBJECT TO $50,000. S. I .R. BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY AFP90M is TQ _ BODILY ANY AUTO PAU HU (PERRPERSON) $ ALL OWNED AUTOS(PRIV. PASS.) IRv C'p`� INJURY ALL OWNED AUTOS(OTHER THAN PRIV. PASS.I �� PER $ HIRED AUTOS PROPERTY NON-OWNED AUTOS 3 DAMAGE $ GARAGE LIABILITY city AI''t'"I" BI&PD COMBINED $ EXCESS LIABILITY UMBRELLA FORM BI&COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION AND $ (EACH ACCIDENT) EMPLOYERS' LIABILITY (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) mi Re: Placement of new Marina High School Marque on City Property. Policy has been endorsed to how the City of Hu gton Beach and and/or all I City. Counc groups, committee DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIALITEMS commissions, boards and any other City Council appointed body and/or elective and appointive officers, servants or emplyees of the City of Huntington Beach as additional insureds regarding above. City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City Attorney PIRAT(QN DATE THEREOF, THE ISSUING COMPANY WILL `XXXX>J MAIL DAYS WlFJ NOTICE TO THE OFRTIFICATE HOI i TO THE P. 0. Box 190 LEFT,aaxXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXX,)OV *MX Huntington Beach, CA. 92648 AR*RRX'xxxxxxxxXxxxxxxxxxxxxxxxxxxxxxxxxxxk- IAUTHORIZED RE TENTATIVE R. W. Hutchinson 1 .-. .- .- • CITY OF HUNTINGTON BEACH WAIVER OF INSURANCE REQUIREMENTS The contractor ' s insurance covering the work to be performed under the attached/referenced agreement, shall at the following types/limits: 1. General public liability, including automotive: a. Type Per Occurrence Per Occurrence and in aggregate Other ( specify) b. Limits / 91,000,000 $ 300,000 Other ( specify) C. Is Not Required 2 . Professional Liability a. Per Occurrence Per Occurrence and in aggregate Other ( specify) b. Limits $250,000 t500,000 Other ( specify c. E� Is Not Required L Contract Project Insurance and ene its Date Manager CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 24, 1986 Huntington Beach Union High School District 10251 Yorktown Avenue Huntington Beach, CA 92646 Attn: Dr. Lee Eastwood, Asst. Superintendant, Business Services The City Council of the City of Huntington Beach at its regular meeting held April 21 , 1986 approved an agreement between the Huntington Beach Union High School District and the City for the construction and installation of a marquee in the public right- of-way at Edinger Avenue and Springdale Street in the City of Huntington Beach. Enclosed is an executed copy of the agreement and the insurance certificate which you provided. Alicia M. Wentworth City Clerk AMW:bt Enclosure CC: Wayne Lee, Finance Paul Cook, Director of Public Works Don Noble, Contracts Administrator (Telephone:714-536-5227) REQUE* FOR CITY COUNCIDACTION 4-- Date April 10 , 1986 Submitted to: Honorable Mayor and City Council - PPROVED BY CITY COUNCIL Submitted by: Charles W. Thompson, City Administrato � Prepared by: Paul E. Cook, Director of Public Work Subject: CIT CLERK 1 HUNTINGTON BEACH UNION HIGH SCHOOL DISTRIC AGREEMENT Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: The Huntington Beach Union High School District wishes to construct and install a marquee in the public right-of-way at Edinger Avenue and Springdale Street. RECOMMENDATION: Approve the School District 's request; thereby, authorizing the Mayor and City Clerk to sign the attached agreement. ANALYSIS: The Huntington Beach Union High School District wishes to construct and install a marquee in the public right-of-way along the north side of Edinger Avenue west of Springdale Street. The marquee design has been submitted, reviewed and approved by the Planning Commission; however, the district cannot proceed with this project until the attached agree- ment is approved. Staff has reviewed the agreement and recommends Council approval. FUNDING SOURCE : N/A ALTERNATIVE ACTION: Deny approval of the agreement. ATTACHMENT : Agreement CWT:PEC:DN:dw PIO 4/84