HomeMy WebLinkAboutLONGBOARD RESTAURANT AND PUB - 1997-01-30•
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PE CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: �► Connie Brockway, City Clerk
Daryl Smith, Superintendent Park, Tree and Landscape Division
Kathy Toler, Sr. Customer Service Rep, Business License
Mike Strange, Senior Planner, Code Enforcement Division
FROM: Mary Beth Broeren,AAssociate Planner
SUBJECT: Outdoor Dining Permit
DATE: April 3, 1997
Attached please find your copy of the first completed outdoor dining permit and associated
license agreement. (The City Clerk is receiving the original license agreement for permanent file
storage.) All required fees have been paid, and the permit has been mailed to the applicant,
Bruce Milliken of The Longboard.
Should you have any questions regarding the permit, please call me at ext. 5550.
cc: Melanie Fallon
Howard Zelefsky
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LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR ENCROACHIVtNT INTO THE PUBLIC RIGHT OF WAY
This agreement is made and entered into on this _30 day of f , 199 by
and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,
hereinafter referred to as "CITY," and L{?CL0&4%j
hereinafter referred to as "LICENSEE."
WHEREAS, LICENSEE has applied to CITY for permission to encroach into the public
right of way adjoining LICENSEE'S property, for the purpose of seating additional restaurant
patrons therein; and
CITY desires to allow such encroachment; and
The parties wish to enter into an agreement defining their respective rights and
responsibilities concerning said encroachment,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
PERNIIS SION
Permission is hereby given to LICENSEE to enter upon and use the public right of
way as depicted in the map attached hereto as Exhibit "A" (hereinafter referred to as the "Public
Right of Way") for the purpose of providing additional, temporary seating and tables for
LICENSEE'S restaurant patrons. LICENSEE agrees to remove and replace such seating and
tables each day, so that the seating and tables will not be stored or kept in the Public Right of
Way overnight. This License is non-exclusive, and the Public Right of Way shall at all times
remain open for use by the public.
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2. TERM: FEES AND CHARGES
The term of this License is one year. This License may be canceled on 10 days
written notice from CITY to LICENSEE. In consideration of this License, LICENSEE agrees to
pay to CITY an application fee, a use charge, and an inspection fee in the following amounts:
a) Application Fee: Thirty Dollars ($30.00) one time fee.
b) Use Charge: One Cent ($0.01) per square -foot of public right of way
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encroached upon, for a total use charge per year.
c) Inspection Fee: Three Hundred Dollars ($300.00) per year.
3. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury. to LICENSEE'S
employees and damage to LICENSEE'S property, arising directly or indirectly out of the grant of
License herein contained, including those arising from the passive concurrent negligence of CITY,
but save and except those which arise out of the active concurrent negligence, sole negligence, or
the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and
expense.
4. WORKERS' COMPENSATION INSURANCE
Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges
awareness of Section 3700 et seq. of said code, which requires every employer to be insured
against liability for workers' compensation; LICENSEE covenants that it will comply with all such
laws and provisions prior to the encroachment into the Public Right of Way pursuant to this
license.
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LICENSEE shall maintain such Workers' Compensation Insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
and.Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all
times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY.
INSURANCE
LICENSEE shall carry at all times incident hereto, on all activities to be performed
in the Public Right of Way as contemplated herein, general liability insurance, including coverage
for bodily injury, and property damage. All insurance shall be underwritten by insurance
companies in forms satisfactoryto CITY. Said insurance shall name the CITY, its officers, agents
and employees and all public agencies as determined by the CITY as Additional Insureds.
LICENSEE shall subscribe for and maintain said insurance policies -in full force: and effect during
the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000)
combined single limit coverage. If coverage is provided under a form which includes a designated
general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the
event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion
of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and
agrees to provide certificates evidencing the same.
6. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED
ENDORSEMENT
Prior to the encroachment into the Public Right of Way pursuant to this license,
LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and shall state
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that the policy is currently in force and shall promise to provide that such policies will not be
canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of CITY by LICENSEE under this Agreement. CITY or its
representative shall at all times have the right to demand the.original or a copy.of all said policies
of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance
hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to the encroachment into the Public Right of
Way pursuant to this License.
7. RELEASE
LICENSEE hereby releases and forever discharges CITY of and from any and all
claims, demands, actions or causes of action whatsoever which LICENSEE may have, or may
hereafter have, against the CITY specifically arising out of the matter of the entry of LICENSEE
onto the Public Right of Way. This is a complete and final release and shall be binding upon
LICENSEE and the heirs, executors, administrators, successors and assigns of LICENSEE'S use
of the Public Right of Way. LICENSEE hereby expressly waives any rights under or benefit of
any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this
release nor any payment made hereunder shall constitute any admission of any liability of CITY.
8. WASTE
LICENSEE shall not alter, damage or commit any kind of waste upon the Public
Right of Way or any improvement, equipment or personal property thereon and shall not interfere
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in any manner with the operations or activities of CITY. LICENSEE shall make no change in the
use of the Public Right of Way nor shall the design of the Public Right of Way be changed other
than as authorized herein without prior written consent of CITY. LICENSEE shall not cause any
workmen's or materialmen's liens to be placed upon the Public Right of Way and agrees to
indemnify and hold CITY harmless against any such liens including but not limited to the payment
of attorneys' fees.
9. MAINTENANCE
LICENSEE, agrees to care for and maintain the Public Right of Way in good and
satisfactory condition as acceptable to the City. Maintenance shall daily cleaning of the Public
Right of Way including but not limited to removal of all rubbish, food stuffs, paper, bottles, cans,
gum, cigarettes, animal litter, dirt and sand. At the end of each business day, any and all furniture,
fixtures,or other items, permitted and, used -inthe-operation. of the-business--shall-be -removed from
the Public Right of Way. Such items.shall not be returned to the Public Right of Way until the
beginning of the next business day. Steam cleaning or high pressure water cleaning of the Public
Right of Way, including the sidewalk, curb and gutter shall be accomplished as needed or as
directed by the CITY.
In the event LICENSEE does not maintain the Public Right of Way in a
satisfactory manner, LICENSEE authorizes CITY to perform such maintenance on LICENSEE'S
behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to
the LICENSEE. LICENSEE agrees to pay such costs within ten (10) days of billing.
In the event any damage is caused to the Public Right of Way, including any
damage to the brick pavers, hardscape, sidewalks, curb, planters, bollards, landscape, irrigation
include but not be limited to system, street light, street or other utilities improvements, as a result
of the encroachment authorized hereunder, LICENSEE agrees to repair same at its own expense.
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In the event LICENSEE does not comply with all conditions of approval required
by the Conditional Use Permit and relevant Downtown Specific Plan and Downtown Guidelines,
Huntington Beach Municipal Code Section 7.12.05 and other applicable Huntington Beach
Municipal Code Sections, as determined by the Community Development Director, the License
may be canceled on 10 days written notice from CITY to LICENSEE.
10. CONTROL OF EQUIPMENT, ANIMALS
LICENSEE shall keep any equipment used or brought onto the Public Right of
Way under its absolute and complete control at all times and said equipment shall be used on the_
Public Right of Way at the sole risk of LICENSEE. LICENSEE shall bring no animals, with the
exception of seeing eye dogs, onto the Public Right of Way.
11... _ INDEPENDENT CONTRACTOR
LICENSEE agrees that all work done or undertaken by it on the Public Right of
Way shall be for its sole account and not as an agent, servant or contractor for CITY.
LICENSEE agrees to indemnify and hold CITY and the Public Right of Way harmless from and
against all claims or liens of workmen and materialmen.
12. NO ASSIGNMENT
LICENSEE agrees that the permission herein extended shall be personal to it and
that it shall not assign or permit any third party to avail itself of any of the privileges granted
hereunder, without the express written permission of CITY.
13. NO TITLE INTEREST
No title interest of any kind is hereby given and LICENSEE shall never assert any
claim or title to the Public Right of Way.
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14. NOTICES
All notices given hereunder shall be effective when personally delivered or if
mailed, within 48 hours of the deposit of such notice in the U.S. Mail,.postage prepaid,.and
certified with return receipt requested and addressed to LICENSEE. or to CITY:.at.the respective
addresses shown below:
CITY:
Mr. Les Jones
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
15 NOVD -Q—" ATION ,
LICENSEE:
LICENSEE agrees that in performance -of this. Agreement.and..in the -use of.the
l
1PubligiRight of Way authorized hereunder, it will not engage in, nor permit its officers, agents or
employees to engage in, any discrimination or discriminatory practices against any person based
on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition,
marital status or gender.
16. ATTORNEY' S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
The prevailing party shall not be entitled to recover its attorney's fees.
REST' OF PAGE INTENTIONALLY LEFT BLANK
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16. ENTIRETY
This Agreement contains the entire agreement between the parties. This
Agreement shall be modified only by a subsequent written amendment, as may be -mutually agreed
upon by the parties.
IN WITNESS WHEREOF, the parties.hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
LICENSEE:
By: `
print name
ITS: (circle one) Chairman/Presiden ic=Pmident
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ITS:. (circle one) Secretary/Chief Financial Officer/Asst.
S c tarry'- re� a'I� s r�
REVIEWED AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
APPROVED AS TO FORM:
� lti Pb
Attorney
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U N I FAX
insurance systems, inc.
23251 MULHOL LAND OR V'c
WOODLAND HILLS, CA 91354
18181 591-980C FAk(a1ai 591-9822
CERTIFICt`E OF INSURANCE
NSURED This is to certify that Crusader Insurance Company
DBR ENTERPRISES 01 provides the coverage herein _described under the followin(.
DBA POLICY NUMBER:
LONGBOARD RESTAUPI2ANTPOLICY PERIOD: CIC-826903.
& PUB 05-23-96 to 05-23-97
217 MAIN ST -
HUNTINGTON BEACH CA 92648
'30nni irPA I CERTIFICATE H()I DFR
RIGHT INS MARKETING 04
MARY WRIGHT
P O BOX 2249
GARDEN GROVE CA 92642
THE CITY OF
HUNTINGTON BEACH
ITS OFFICERS,'AGENTS,
& EMPLOYEES
2000 MAIN STREET
'his certificate of insurance has .been issued., for information on.!, -.and+ is. not. e policy o.r-contract of insurance and
;onfers no rights on the certificate holder. Further, this certificate does not amend, extend, or alter the coverage
)rovided by the policy described herein and is suh iect to all the terms, exclusions, and conditions of the policy.
YPE OF INSURANCE LIMIT OF LIABILITY
SECTION 1.'PROPERTY COVERAGE
.Owned Building Coverage
Contents Coverage
SECTION 2 LIABILITY COVERAGE
$100,000
$60,000
Special Multi Peril Liability $1,000,000
Employer's Non —ownership $1,000,000
$1,000,000 Sublimit for Products and .Completed Operations
Personal Injury Liability Insurance $1;000,00-0
Liquor Liability Endorsement $100,000
APPROVED AS TO FORM:
GAIL MUTTON„ City Attorney
By:: Deputy City Attorney
Gvwu""' ? s < !z
2-MAr6
SPECIAL ITEMS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL -INSURED ON THE ABOVE
REFERENCED POLICY. (SEE POLICY FOR TERMS AND CONDITIONS.)
08-26-96 SP
AUTHORIZED SIGNATURE
S
DATE
UX5050 (04/96)