Loading...
HomeMy WebLinkAboutHuntington Shorecliff, L.P. - by John Saunders - General Partner - 2013-06-03,ram Dept. ID ED 13-0.9 Page 1 of 2 Meeting Date: 6/3/2013 0 MEETING DATE: 6/3/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Assistant City Manager SUBJECT: Approve and authorize execution of a Lease Agreement between the City and Huntington Shorecliff, L.P. for storage of recreational vehicles Statement of Issue: The City Council is asked to approve a five (5) year Lease Agreement with three (3) one year extensions between the City of Huntington Beach and Huntington Shorecliff, L.P. for use of City property to park and/or store recreational vehicles. Huntington Shorecliff, L.P. is the ownership entity of the Huntington Shorecliff Mobile Home Park located at 20701 Beach Boulevard. Financial Impact: The City's General Fund will receive rent for the premises in the amount of $7,200 per year with annual increases based on the Consumer Price Index (CPI). Recommended Action: A) Approve and authorize the Mayor to execute the "Lease Agreement Between the City of Huntington Beach and Huntington Shorecliff, L.P. for Use of City Property Near the Southwest Corner of Beach Boulevard and Frankfort Avenue (APN 024-250-01);" and, B) Authorize the City Manager to take any actions necessary to effectuate the Agreement. Alternative Action(s): Do not approve the Lease and direct staff accordingly. Analysis: Huntington Shorecliff, L.P. owns the Huntington Shorecliff Mobile Home Park ("Park") located at 20701 Beach Boulevard, Huntington Beach. The City owns a small triangular shaped parcel (12,400 sq. ft.) adjacent to the Mobile Home Park. The City property is land locked with the only access through the Mobile Home Park. The City originally entered into a Lease Agreement with the Park in September 1977, which included no termination date or rate increase with a 30 day termination clause. The Park leased the City property for the purpose of parking and/or storing recreational vehicles owned primarily by park tenants. The original lease rent was nominal ($5.00 per month) based on the fact that the City property was landlocked and the storage use was free to the park tenants. However, over the years, Huntington Shorecliff, L.P. began to charge rent for parking and/or storage of recreational vehicles to park tenants and others within the City -owned leased area. HB '-121- Item 4. - I Dept. ID ED 13-09 Page 2 of 2 Meeting Date: 6/3/2013 City Staff negotiated a new lease with the Park for continued use of the City -owned parcel. The rent will increase to $600 per month with annual CPI adjustments. The Lease is for a period of five (5) years with three (3) one-year extensions. Environmental Status: Not applicable. Strategic Plan Goal: Enhance economic development Attachment(s): 1. "Lease Agreement Between the City of Huntington Beach and Huntington Shorecliff, L.P. for Use of City Property Near the Southwest Corner of Beach Boulevard and Frankfort Avenue (APN 024-250-01)" 2. Lease Area Map Item 4. - 2 HB - 1.22- xs -123- Item 4. - 3 LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON SHORECLIFF, L.P., FOR USE OF CITY PROPERTY NEAR THE SOUTHWEST CORNER OF BEACH BOULEVARD AND FRANKFORT AVENUE (APN 024-250-01) THIS LEASE AGREEMENT is made and entered into this _ql-h day of ,,�I-ctA45-5- , 2013 by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter "Lessor") and HUNTINGTON SHORECLIFF, L.P., a California limited partnership (hereinafter "Lessee"), (collectively "Parties"). WHEREAS, Lessor owns certain real property (hereinafter "Premises") in the City of Huntington Beach and Lessee desires to lease the aforesaid Premises 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 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 as Assessor's Parcel No. 024-250-01, and more particularly described in the legal description and sketch collectively attached hereto as Exhibit "A," which Exhibit is incorporated by this reference as though fully set forth herein. SECTION 2. Permitted Use. The Premises are let for the purpose of storing recreational vehicles in an orderly fashion. SECTION 3. Term. This Lease shall be for a term of five (5) years commencing at 12:01 a.m. on December 1, 2012 (the "Commencement Date") and ending at 11:59 p.m. on November 30, 2017, unless sooner terminated as herein provided. The term can be extended for three (3) additional one (1) year terms, if agreed to in writing by both parties. SECTION 4. Gross Rent. Lessee agrees to pay to Lessor as gross rent for the use and occupancy of the Premises the sum of six hundred dollars ($600.00) per month on the first day of each month beginning on the Commencement Date ("Gross Rent"). In the event Lessee fails to pay any monthly installment on or before the tenth day of the month in which that installment is due, Lessee shall pay to Lessor a penalty in the amount of ten percent (10%) of the Gross Rent. Commencing on December 1, 2013 and continuing each year thereafter ("the Rent Adjustment Date"), the minimum rent set forth above shall be subject to adjustment as follows: The Consumer Price Index for Los Angeles -Riverside -Orange County All Urban Consumers published by the Bureau of Labor Statistics, United States Department of Labor for all items ("Index") in effect on December 1, 2012 shall be the Base Index. For each Rent Adjustment Date, the Index in effect immediately before that Rent Adjustment Date ("the Adjustment Index") shall be used for purposes of calculating the amount of adjustment, if any. If the Adjustment Index has increased over the Base Index, the minimum rent payable for the 1 12-3517/86302 following year and until the next Rent Adjustment Date shall be increased by the same percentage as the Adjustment Index bears to the Base Index. In no event shall the minimum monthly rent be decreased below six hundred dollars ($600.00). If the Consumer Price Index, as now constituted, compiled, and published shall cease to be compiled and published during the term of this Lease, or is calculated on a significantly different basis following the date of this Lease, the most comprehensive official Index published that most closely approximates the rate of inflation shall be used for purposes of computing adjustments under this Lease. SECTION 5. Indemnification. Lessee hereby agrees to protect, defend, indemnify and hold harmless Lessor, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with Lessee's (or Lessee's subcontractors, if any) negligent (or alleged negligent) use of the Premises or performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Lessor. Lessor shall be reimbursed by Lessee for all costs and attorney's fees incurred by Lessor in enforcing this obligation. Lessee will conduct all defense at its sole cost and expense and Lessor shall approve selection of Lessee's counsel, which approval shall not be unreasonably withheld. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the Lessee. SECTION 6. 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 7. Maintenance. Lessee shall be responsible for all repairs to the Premises and shall maintain the Premises as required so as to keep the Premises in "first-class" condition during the term of the Lease. Quarterly inspections by Lessee and Lessor of the facilities may be conducted to ensure facility is maintained properly. SECTION 8. Security. During the Term of this Lease, any and all security shall be provided by Lessee. SECTION 9. Winne 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 Lessee shall restore Premises to the condition existing on delivery of possession to Lessee as soon as possible. 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. 2 12-3517/86302 For the purposes of this Section 9, substantial destruction shall be deemed to be one-third (1/3) or more of the full replacement cost of the Premises as of the date of destruction. SECTION 10. Termination. 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 Lessor's termination under this Section 10, 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. 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 Lessee's termination under this Section 10, 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. Either party may terminate this Lease without cause by giving sixty (60) days prior written notice to the other party. SECTION 11. 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 12. Surrender of Premises. On expiration or sooner termination of this Lease, and any extensions thereof, Lessee shall promptly surrender and deliver the Premises to Lessor. SECTION 13. Quiet Possession. If Lessee pays the rent and complies with all other terms of this Lease, Lessee may occupy and enjoy quiet possession of the Premises for the full Lease term, and any extensions thereof, subject to the provisions of this Lease. SECTION 14. Signage. Lessee shall not place any signs on the Premises except as approved in writing by the City Manager. 3 12-3517/86302 SECTION 15. Assignment and Subleasing. Lessee shall not assign and/or sublease all or any portion of the Lease or the Premises without the prior written consent of Lessor. This requirement shall not apply to subleases or rental agreements between Lessee and Huntington Shorecliff mobilehome residents for use of a portion of the Premises for the parking or storage of recreational vehicles. SECTION 16. 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 proof of 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. B. General Public Liability Insurance. In addition to the workers' compensation and employers' liability insurance and Lessee's covenant to defend, hold harmless and indemnify Lessor, Lessee shall obtain and furnish to Lessor, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Lessee's use of the Premises. This policy shall 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. Increase in Amount of General Public Liability and Property Insurance. Not more frequently than once every two (2) years, if, in the sole opinion of Lessor, the amount and/or scope of general public liability insurance coverage above at that time is not adequate, Lessee shall increase the insurance coverage as reasonably required by Lessor. 4 12-3517/86302 D. 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. E. Insurance Hazards. Lessee shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any 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 17. 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 18. 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 19. Entirety. The foregoing, including any exhibits attached hereto and incorporated herein, sets forth the entire agreement between the parties. SECTION 20. 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 12-3517/86302 and all supplemental agreements, if any, entered into by the Parties regarding the leasing of the Premises. SECTION 21. Nondiscrimination. Lessee and its officers, agents, and employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person in the performance of this Lease or the use of the Premises. SECTION 22. Governing Law. This Lease shall be governed and construed in accordance with the laws of the State of California. SECTION 23. 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 SHORECLIFF, L.P. /4100 EAS-r -W .S-r. �rA CA 19A.401 Attention: �o � `SQ tc,N n �2S 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 SHORECLIFF, L.P., a CITY OF HUNTINGTON BEACH, a California Limited Partnership municipal corporation of the State of Calif is By: ee txotj Aat�- b Mayor (print name) �� �� Its: Authorized General Partner APPROVED AS TO FORM: r City Attorne j REVIE D APPROVED: INITI D AND APPROVED: If/ tv City Manager Director of Economic Development 6 12-3517/86302 EXHIBIT A LEGAL DESCRIPTION AND SKETCH (TO BE INSERTED) 12-3517/86302 EXHIBIT ""A'• All that certain real property situated in the County of Orange, State of California, described as follows: That portion of the Northeast Quarter, of the Southeast Quarter of Section 11, Township 6 South, Range 11 West, San Bernardino Base and Meridian, in the City of Huntington Beach, County of Orange, State of California, according to the Official Plat thereof, described as follows: Beginning at the Northeast corner of the Southeast Quarter (SE1/4) of said Section Eleven (11); Thence South 193 feet to the Northerly line of the right-of-way of the Pacific Electric Railway Company; Thence Southwesterly along said right-of-way 410 feet to the intersection of the said right-of-way with the East line of Frankfort Street, as shown on a Map of the Valley View Tract, recorded in Book 5, Page(s) 11 and 12 of Miscellaneous Maps, Records of Orange County, California; Thence Northeasterly, along said Easterly line, 527 feet to the North line of the Southeast Quarter (SE1/4) of said Section Eleven (11); Thence East 46 feet to the point of beginning. Exceft the at -Ea w-thrh l3eac,h SIV0 . Via -af ,,✓4-y* Assessor's Parcel Number: 024-250-01 Q �I v Q I /VrA �-, �6 ps I-- 024 -25-0 -0/ EXHIBIT "A" __ _10 ACC)R® CERTIFICATE OF LIABILITY INSURANCE DATE (MWDUnf" 5/612013 PRODUCER D.E.P. Insurance Services, Inc. 419 Main Street, #414 Huntington Beach, CA 92648 OD35065 714-969-6300 714-969-6330 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURED Huntington Shoreeliff, LP P.O. Box 11427 Santa Ana CA 92711 INSURER A.' Or jdental Flre & CaSualty Insurance C. INSURER B: National Union Fire Ins Co of PittsburDhPA INsuRER c: St. Paul Fire & Marine insurance Company INSURER D: INSURER E: eGES vTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' n INSURANCE POUCYNUMBER POUCYEFFECTIVE POLICY EXPIRATIONLTR LIMITS A GENERAL LIABILITY MH12d63 V3012013 1/30/2014 EACH OCCURRENCE $ 11000.0-0 DAMAGE TO RENTED50,000 PREMISES We occurrence} 5 COMMERCIAL GENERAL LIABILITY Ded: $0 BVPD MEDEXP Anyone person $ CLAIMS MADE o OCCUR Aggregate covers one Loc. PERSONAL& ADV INJURY $ 1,000,000 W1TerrOrism -f GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $ 1,000,000 Employee Benefits Liab 1,000,000 POLICY PRO- LOC A AUTOMOBILE LIABILITY MH11977 1/30/2013 1130/2014 COMBINED SINGLE LIMIT 5 ANYAUTO (Eaaccwent) INCLUDED BODILY INJURY $ ALL OWNED AUTOS SCH FOULED AUTOS (Par person) BODILY INJURY $ HIRED AUTOS NON•OWNEDAUTOS �P�{y �j� #'A6�J�AtiJ r�-,!D7�1 } _ �CrJ _n, (Per accldeni) LiL 1�A�J .P �.,�' :w.,+7J PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY c_.-;�,;_ AUTO ONLY- EAACCIDENT $ ANY AUTO -� OTHER THAN EAACC $ $ 4.1AAUTO ONLY: AGG B ,/ EXCESS I UMBRELLA LIABILITY 79863376 y 1/30/2013 1/30/2014 EACH OCCURRENCE 5 61000,000 AGGREGATE. S 5,000,00 OCCUR CLAIMS MADE $0 Ded/SIR 5 $ DEDUCTIBLE $ RETENTION 5 WORKERS COMPENSATION LYCSTATU- OTH- ITORYL(it AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR(PARTHERIEXECUTIVE F-1 E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ OFFICERR.IEMBER EXCLUDED? (Mandatory In NH) E.L, DISEASE - POLICY LIMIT $ If yes. dewAbe under SPECIAL PROVISIONS below OTHER C Excess Liability ZUP14P3283613NF 113012013 1/3012014 Each Occurrence $5,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIONS Certificate Holder Is named as an Additional Insured but only as respects their interest as Ground Lessor of property located a(: 20701 Beach Blvd„ Huntington Beach, CA 92648 Insurance Is Primary and Non -Contributory City of Huntington Beach, its Officers, Elected or Appointed Officials, Employees, Agents and Volunteers 2000 Main Street Huntington Beach CA 92648 ACORD 25 (2009101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZEDREPRESENTATNE Don E. Phoenix CERT NO.t 16257958 CLIWr CODE: SHORC Raven Johnson 5/6/2013 2:32.57 PH Page 1 of 1 ©1988.2009 ACORD CORPORATION. All rignts reservea. POLICY CHANGES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Number: 1I1112463 Endorsonlenl Number: 1 Effective Date of Endorsement: 01/30/13 Named Insured: PER SCHEDULE OF NAMED INSUREDS DBA: HUNTINGTON SHORECLIF S MOBILE HOME' PARK 1400 E FOURTH Si SANTA ANA, CA 92701 CHANGES THE FOLLOWING ADDITIONAL INSURED IS ADDED TO THE POLICY: The City of Hnnthlgtml Bench, Its officers, elected nr appointed officials, employees, agents and volunteers. 2000 rllaill Street Huntington Beach, CA 92648 But only as respects their Interest as groundlessor of the proporty located at: 207D1 Beach Blvd., Hlurlhlgtorl Beach, CA 92648 The requirements states that they shall specifically provide that any other Insurance eover'age Ivhlch rnny be applicable to lire Lease shall be deemed excess coverage and the Lessee's insurance shall be prinlary. AUTHORIZED BY: Annual Premium Change - $0.00 Premium Change - $0.00 MHC 0001 0701 Occidental F & 0 Co of N 0 Page 1 of 1 I CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 Declaration of Non -Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning 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. Company Name: ff LT�� Address: (j �jC) Q64L a Ly 1} 001 Applir Title: Date Signed: 5 -1 �- 2,03 Telephone Number: 71 q - q /d -eg& o and all supplemental agreements, if any, entered into by the Parties regarding the leasing oo the Premises. / SECTION 21. Nondiscrimination. Lessee and its officers, agents, and e 11loyees shall not discriminate because of race, religion, color, ancestry, sex, age, national o gin or physical handicap against any person in the performance of this Lease or the use of the remises. SECTION 22. Governing Law. This Lease shall be aoyrftied and construed in accordance with the laws of the State of California. SECTION 23. Notices. All notices, demands and oth)tf communications required or permitted under the provisions of this Lease shall be in writ' g, 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 recei 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 SHORECLIFF, L.P. A Attention:" M�(-NAEC C'.t21LLI) 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 SHORECLIFF, L.P., a CITY OF HUNTINGTON BEACH, a California Limited Partnership ,% municipal corporation of the State of % California By: M - A , VN/ f Ys Its: Authori: REVIEWED 2it.1.0 kfA,45OCiAT9s rin > 2ES ► ,l ► AA y ND APPROVED: City Manager Mayor APPR VED AS TO FORM: � n f .y City AttQnjey --�' 71 ZED ND APPROVED: Director of Economic Development 6 12-3517/86302 ATTACHMENT #2 Item 4. - 16 xs -13 6- Attachment 2 Huntington Sh®recliff, L.P. Lease Area Map HB -137- Item 4. - 17 City Of 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 June 6, 2013 Huntington Shorecliff, L. P. Attn: John Saunders 1400 East 4t" Street Santa Ana, CA 92701 Dear Mr. Saunders: Enclosed for your records is a copy of the fully executed "Lease Agreement Between the City of Huntington Beach and Huntington Shorecliff, L. P. for Use of City Property Near the Southwest Corner of Beach Boulevard and Frankfort Avenue (APN 024-250-01)." Sincerely, " jv'�� t-- Jonn, CIVIC City Clerk JF:pe Enclosure G:followup:agnntltr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand