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HomeMy WebLinkAboutROBINWOOD LITTLE LEAGUE, INC. - 2007-07-02 !J�✓J % ..�c--Cry� ��=r ¢�/ Council/Agency Meeting Held: oL o2l�D Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City I rk's ignat r Council Meeting Date: 7/2/2007 Department ID Number: ED 07-17 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONO BLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PEN LOPE LBRETH-GRAFT,Dk,CITY ADMINI TRATOR PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVI STANLEY SMALEWITZ, DIRECTOR, ECONOMIC VELOPMENTC SUBJECT: APPROVE LEASE AGREEMENT WITH ROBINWOOD LITTLE LEAGUE FOR RENTAL OF BASEBALL FIELDS AND RELATED IMPROVEMENTS AT MARINA COMMUNITY PARK Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Council is asked to approve the renewal of a lease agreement with Robinwood Little League for the rental of baseball fields and related improvements at Marina Community Park. Funding Source: N/A Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Lease between the City of Huntington Beach and Robinwood Little League, Inc., for the Rental of Baseball Fields and Related Improvements at Marina Community Park. Alternative Action(s): Do not approve the lease agreement with Robinwood Little League, Inc. Analysis: Robinwood Little League has had an agreement with the City since 1976 for the use of Marina Community Park for its baseball program. Their most recent agreement was for a five year term from 2/1/2002 through 1/31/2007. A new lease agreement has been written for a new five year term with an additional five year option to extend upon mutual consent of the City and League. This renewal, if approved by the Council, would extend the League's lease retroactively from February 1, 2007 through January 31, 2012 for the first five yearterm. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/2/2007 DEPARTMENT ID NUMBER: ED 07-17 The rental fee is $3,948 for the first year and will increase by six percent each year to a fee of $4,984 in the fifth year. This is consistent with previous contract terms that escalated six percent annually. In return for this use, the League performs all field maintenance on the premises as described in the lease agreement. The Robinwood Little League uses the premises for youth baseball recreational purposes only. The League serves over 600 youth from Huntington Beach who participates in the program. Also, as noted within Section 5 of the lease agreement, the premises will be available to the City or other City approved organizations when not in use by Robinwood Little League. Staff is recommending approval of this lease because of the positive benefits the Robinwood Little League provides for the youth of the community. Strategic Plan Goal: C-2 Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Approval of this agreement will meet a community need for field space for local youth sports groups to participate in a positive activity. Environmental Status: N/A Attachment(s): City Clerk's Page Number No. Description 1. Lease agreement between the City of Huntington Beach and Robinwood Little League for the Rental of Baseball Fields and Related Improvements at Marina Community Park. 2. Certificate of Insurance. -2- 6/25/2007 3:37 PM ATTACHMENT # 1 LEASE BETWEEN THE CITY OF HUNTINGTON BEACH AND ROBINWOOD LITTLE LEAGUE FOR THE RENTAL OF BASEBALL FIELDS AND RELATED IMPROVEMENTS AT MARINA COMMUNITY PARK 1. PARTIES This Lease is made and entered by and between the CITY OF HUNTINGTON BEACH, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and ROBINWOOD LITTLE LEAGUE, INC., a California corporation("League"). 2. PREMISES City does hereby lease to League, and League hereby leases from City three baseball fields, batting cage, concession stand and any related improvements (hereinafter referred to as "the Premises"), generally located within MARINA COMMUNITY PARK ("Marina Park") a facility owned and operated by City. A legal description and sketch of the Premises are collectively attached hereto as Exhibit"A" and incorporated by this reference as though fully set forth herein. 3. TERM OF LEASE The term of this Lease shall be for a period of five (5) years, commencing on the first (1st) day of 25EM"je y D/. 2007, and ending on `T,q,n/l,�,g,QS/ .3/ 2012. The term of this Lease may be extended for one additional five (5) year period upon mutual consent of City and League evidenced in writing. City may withhold consent to extend this Lease with or without cause in which case this Lease shall terminate. 4. RENT League agrees to pay to City as rental, the sum of Three Thousand Nine Hundred Forty Eight Dollars ($3,948.00), on or before the fifth day of February of each calendar year for the term hereof. Rent shall increase by six percent (6%) each and every successive calendar year thereafter during the term hereof. In the event the entire amount of the rent is not paid before the fifteenth (151h) day of February each year, an additional ten percent(10%) late fee will be applied to the entire amount due for the year. Rent for any period during the rental term which is less than one (1) month shall be a prorated portion of the monthly installment herein, based upon a thirty (30) day month. Rent shall be paid to the City of Huntington Beach at 2000 Main Street, Huntington Beach, CA, 92648 or at such other place as the City may from time to time designate. 5. USE • League shall use the Premises for youth baseball recreational purposes, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of City. 07-801/9100 1 League shall be entitled to access and use of Premises as set forth in the Annual Spring and Fall Field Allocation Schedule (the "Allocation Schedules"). League shall submit the Allocation Schedules on a biannual basis for approval by the Director of Community Services, which shall not be unreasonably withheld. League shall make available the Premises to City and other City approved organizations at those times and days that the League is not utilizing said Premises as provided above. League shall provide all furniture, equipment and supplies needed to use the Premises for the purpose described herein. League shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Marina Park visitors, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral unlawful, or objectionable purpose. League shall not cause, maintain or permit any nuisance in, on, or about the Premises. League shall not store any materials that are considered hazardous including but not limited to chemicals, flammable materials, toxic materials, etc. on the Premises. No modifications or improvements shall be made to Premises without prior written consent of City. City may require, as part of consent to modify or improve said Premises, Lessee to enter into a separate agreement with City detailing the terms and conditions of said modifications or improvements. League shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of, or affect any fire or other insurance upon the building or any of its contents. 6. COMPLIANCE WITH LAW AND OTHER CITY AGREEMENTS League shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation now in force, or which may hereafter be enacted or promulgated. League shall at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or relating to, or affecting the condition, use, or occupancy of the Premises, excluding structural changes not related to or affected by League's improvements or acts. In addition, League will be required to comply with the City's ordinance prohibiting the use of Styrofoam products at City facilities. League is strongly encouraged to use recyclable/recycled products (i.e. paper coffee cups, etc.). In addition, League shall comply with all existing City agreements with third parties that relate or affect the terms of this Lease, including but not limited to the City's Exclusive Agreement with Coca-Cola. In the event of a conflict between the terms and conditions of this Lease and the te_nns and conditions of prier agreements entered into by the City with third parties, the terms of this lease are subordinate. City will endeavor to make League aware of all agreements that the City has with third parties that may affect the terms and conditions of this Lease. 07-801/9100 2 7. REPAIRS AND MAINTENANCE/BOND League shall, at League's sole cost and expense,keep the Premises and every part thereof in good condition and repair, damage from causes beyond the reasonable control of League and ordinary wear and tear excepted. League shall upon the expiration or sooner termination of this Lease, surrender the Premises to the City in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of League excepted. League shall repair and maintain landscaping Premises, including mowing, edging, and chalking, trash removal as well as restroom maintenance. In addition, League shall be responsible for cost of maintenance and repair of irrigation systems within the areas designated as "baseball fields". League shall consult with Community Services Director or his/her designee prior to conducting any maintenance or repair. League shall submit a maintenance schedule and plan to the City in writing on a monthly basis. Said maintenance schedule shall be pre-approved by the Director of Community Services or his/her designee. In the event Premises are not maintained in a good condition as determined at the sole discretion of the City, City or a contractor hired by City, may enter and perform maintenance or repair. League shall maintain a cash deposit or bond (in a form acceptable to the City Attorney) surety in the amount of$500.00 to assure performance of required maintenance. In the event league fails to maintain said Premises, as provided herein, City may utilize said surety to pay the cost. Any surety funds used by the City shall be renewed by the League within fourteen(14)days of withdrawal by City. League shall not be responsible for maintenance and repairs which are caused in whole or in part by the act, neglect, fault or omission of any duty by the City or its agents, employees or invitees, in which case City shall pay cost of such maintenance and repairs. 8. CONCESSION FACILITY League shall be entitled to access and use of Concession Facility (excluding the service room)to sell food and beverages during the days and times Lessee is utilizing the Premises as set forth in Section 5 of this Lease. Each time the Concession Facility is used by League, the facility will be cleaned and all food and beverages shall be removed from the premises. City reserves the right to utilize the concession facility at any time, despite prior scheduling, upon providing forty-eight (48)hours notice. 9. ASSIGNMENT AND SUBLETTING League shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this Lease or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege thereto, or allow any other person (the employees, agents, servants, and invitees of League excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the City. City may withhold consent at its sole discretion. 07-801/9100 3 10. SUBROGATION As long as their respective insurers so permit, City and League hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 11. SERVICES AND UTILITIES City agrees to furnish to the Premises water, electricity and trash removal service ("Utility Service") suitable for the intended use of the Premises. City shall pay all charges for Utility Service during the term of this Lease, including the cost to irrigate the Premises. 12. RULES AND REGULATIONS City at its sole discretion may adopt reasonable rules and regulations governing Marina Park use. League shall faithfully observe and comply with the rules and regulations that City may from time to time promulgate. City reserves the right from time to time to make all reasonable modifications to said rules. The additions and modifications to those rules shall be binding upon League upon delivery of a copy of them to League. 13. ENTRY BY CITY City reserves and shall at any and all times have the right to enter the Premises, without notice to League, for the purposes of inspection, and any other service to be provided by City to League hereunder, and to alter, improve, or repair the Premises, providing that the business of the League shall not be interfered with unreasonably. 14. RECONSTRUCTION In the event that the Premises including the Concession Building ("building") of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, City agrees to forthwith repair the same; and this Lease shall remain in full force and effect, except that League shall be entitled to a proportionate reduction of rent, to be based upon the extent to which the making of such repair shall materially interfere with the business carried on by the League in the Premises. In the event that the Premises are a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then City shall repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is greater than ten percent (10%) of the full replacement cost, then City shall have the option: (1) to repair or restore such damage, this Lease continuing in full force and effect, but the rent to be proportionately reduced as hereinabove in this Section provided; or (2) give notice to League within sixty days (60) of the damage, at which time this Lease shall expire and all interests of the League in the Premises shall 07-801/7152 4 terminate on the date so specified in such notice and the rent, reduced by a proportionate amount based upon the extent, if any, to which such damage materially interfered with the business carried on by the League in the Premises, shall be paid up to the date of such termination. The League shall not be entitled to any compensation or damages from City for loss of the use of the whole or any part of the Premises, League's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 15. INDEMNIFICATION. DEFENSE AND HOLD HARMLESS League hereby agrees to protect, defend, indemnify and hold harmless City, 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 League's (or League's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement, use of the Premises, or its failure to comply with any of its obligations contained in this Agreement by League, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. City shall be reimbursed by League for all costs and attorney's fees incurred by City in enforcing this obligation. League will conduct all defense at its sole cost and expense and the City shall approve selection of League's counsel. 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 League. 16. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE League acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. League covenants that it shall comply with such provisions prior to the commencement of this Lease. League shall obtain and furnish to City workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. League shall require all subcontractors and contractors to provide such workers' compensation and employers' liability insurance for all of the subcontractors' and contractors' employees. League shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and League shall similarly require all subcontractors and contractors to waive subrogation. 17. GENERAL PUBLIC LIABILITY INSURANCE In addition to the workers' compensation and employers' liability insurance and League's covenant to defend, hold harmless and indemnify City, League shall obtain and furnish to City, 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 League, 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 07-801/7152 5 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 City, 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 League's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 18. PROPERTY INSURANCE League shall provide before commencement of this Lease and shall obtain and furnish to City, at League's sole cost and expense, property and fire insurance with extended coverage endorsements thereon, by a company acceptable to City authorized to conduct insurance business in California, in an amount insuring for the full insurable value of the Premises, all Improvements, Trade Fixtures, personal property whether or not owned or leased by League, 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 League as the insured and shall not contain a coinsurance penalty provision. The policy shall also contain an endorsement naming City 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 League, 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 League, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to City. The policy shall also contain a special endorsement that if the Premises are so destroyed triggering the parties' ability to terminate as set forth in this Lease, and either party elects to terminate the Lease, the entire amount of any insurance proceeds (excluding, such proceeds for Trade Fixtures, personal property whether or not owned or leased by League and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to City. The proceeds of any such insurance payable to City may be used, in the sole discretion of City, for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s)as City sees fit. This policy shall also contain the following endorsements: (a) City 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 City 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 City. 07-801/7152 6 19. INCREASE IN GENERAL PUBLIC LIABILITY AND PROPERTY INSURANCE Not more frequently than once every two (2) years, if, in the sole opinion of City, the amount and/or scope of general public liability insurance in Section 17 above and/or property insurance coverage in Section 18 above at that time is not adequate, League shall increase the insurance coverage as reasonably required by City. 20. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Lease, League shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Lease; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) shall state that the policy is currently in force. League shall maintain the foregoing insurance coverage 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 coverage shall not derogate from League's defense, hold harmless and indemnification obligations as set forth in this Lease. City 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. League shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. INSURANCE HAZARDS LEAGUE shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this Lease. LEAGUE 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. 22. DEFAULT, REMEDIES. A. Default. The occurrence of any one or more of the following events shall constitute a default under this Lease by League: 1. Non-curable defaults: a) The vacatzig or abandonment of the Premises by League. b) Any attempted or involuntary transfer of League's interest in this Lease without City's prior consent. c) If League makes, or has made, or furnishes any warranty, representation or statement 07-801/9100 7 to City in connection with the Lease which is or was false or misleading in any material respect when made or furnished. 2. Curable defaults: a) The failure by League to make any payment of rent or any other payment required to be made by League hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by City to League, this Lease shall be terminable at City's option. b) The failure by League to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by the League, where such failure shall continue for a period of thirty (30) days after written notice thereof by City to League; provided; however, that if the nature of League's default is such that more than thirty (30) days was reasonably required for its cure, then League shall not be deemed to be in default if League commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. B. Remedies. In the event of any non-curable default or breach by League, City shall have the right to terminate this Lease and League's right to possession of the Premises, and League shall immediately surrender possession of the Premises to City. If City terminates this Lease and League's right to possession for the Premises, City may recover the following from League: a) The worth at the time of award of the unpaid rent which was due, owing and unpaid by League to City at the time of termination; b) The worth at the time of the award of the amount by which the unpaid rent for the balance of the Lease term after the time of award exceeds the amount of rental loss which League proves could be reasonably avoided; c) Pursuing any other remedies now or hereafter available to City under the laws or any judicial decision of the state in which the Premises are located. 23. PARKING There are no parking facilities provided as a part of this Lease. 24. NOTICE All such notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands sent by either party shall be sent by United States Postal Service, postage prepaid, addressed as follows: 07-801/7152 8 Director of Community Services Robinwood Little League, Inc. City of Huntington Beach P.O. Box 1384 2000 Main Street Huntington Beach, CA 92649 Huntington Beach, CA 92648 25. GENERAL PROVISIONS Attorney 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 and costs of suit. Waiver. The waiver by City of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition on any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by City shall not be deemed to be a waiver of any preceding breach by League of any term, covenant, or condition of this lease, other than the failure of the League to pay the particular rental so accepted, regardless of City's knowledge of such preceding breach at the time of the acceptance of such rent. Time. Time is of the essence of this Lease, and each and all of its provisions in which performance is a factor. Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. Quiet Possession. Upon League paying the rent reserved hereunder, and observing and performing all of the covenants, conditions, and provisions on League's part to be observed and performed hereunder, League shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease. Prior Leases. This Lease contains all of the Leases of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior Leases or understanding pertaining to any such matters shall be effective for any purpose; no provision of this lease may be amended or added to except by an Lease in writing signed by the parties hereto or their respective successors-in-interest. This Lease shall not be effective or binding on any party until fully executed by both parties hereto. Inability to Perform. This Lease and the obligations of the League hereunder shall not be affected or impaired because the City is unable to fulfill any of its obligations hereunder, or is delayed on doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the City. Severability. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall 07-801/9100 9 remain in full force and effect. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. Choice of Law. This Lease shall be governed by the laws of the state of California, with venue in the courts of Orange County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �' CL— / gnQ-� , 2007. ROBINWOOD LITTLE LEAGUE, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: -� print name ITS: (circle one) at a, resi Vice Presi ent Mayor .A AF ity Clerk By: / 1 Say APPROVE S TO FORM: print name ITS: (circle one) Secretary/Ch- Financial Officer/Asst. Secretary- reasurer �t9}• it Attorney v -l a=n INITIATED AND APPROVED: REVIEWED AND APPROVED: / ire or of Commiyty Services City Administrator Dir to o conomZc Development 07-801/7152 10 RrY. R.v aq-R•v Iry ]w' ". � • \\,\�i�•?R.J !" .o+r yew... er ' .'r.., qr.e �i\\�*\`.\\_\ .r.:� ��'� � w�` •, �.:4\� i iy 1f bw n•+ 4 .r ®! 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'9++�3, .1.>.P f Y Baseball 'r — ..,_ µ µ Diamonds -.�..�..`.r;�;.+xi;.w� y i F9....+lua ry,.ve.;i`ad`>;.___ x t � ., _.�-_�`r...-�.,.�._..._- ._ `m+' �,�. •� •.,..,_,....�. r.—_��Y�_ . • • �—.. f }� {tit ,r} .� -,._ r.,._,_,._,,,,*'-. •'-ff 1 /y i •e1«vr \.,a. jJJ � ....•�' �~ ''� 14I� s"� /J `'oi Is, S'l y,Y ,!'� �+ ..i e'a�Y�+M ..L 1111,-..J • 7 court ...__7 �,• ' +.�++ql'e•.=.. J A4 }� ✓ k.... x '1ft , tc �y, l, \ �w" �„'.. �. s ;Y Parking' x 1+ y tiµ '' cs ( ■ Area j '•'-, .+ =`` •yy .., � .. r -�', .., �+� � '1;^t`'fi"'qt^N.:.R'i.r:�3^� '4L� �t...'✓ -" Y W Ila ridbe I I, 1 x .» M..1dAa AiE° patio Area C is { 'y --� '.� ;., � .fir »�'+'-�'• i j r`. .m........ �_�a,• ! 8'.,aF•�ayu_+aest+rr<�ec'Kk"€a J • -_=- '_..� �, rr ,,,,, A fF-.,,..-� tl/// .. ',. �• �,~��"�-.'.' ,v_.wa,...'¢S,iF�$/','Y� M� A'•'1' '14�aw. ��'� ��tl�'4x h, / jj{{��u'' M:. � � 4�_ W.k.�., � 1 ��. t `e.,, •�' 7 Play Are N3..•• "17 Il �._ �� � J — 1 • 1 t future community center Site , 'Tennis Tennis . CourtsGov tsIke F e _ i ��, tl�� „�,, � 'J+f°, /`'• .,,� ..a...c_.,�... �,, ,,\ '^��j°:f; t t�, ? T..1--�,- ,"�.',�,!'�">v.���..� .^'f,'R� f��+, 1 �1�� v ATTACHMENT #2 .i " INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Teresa De Coite/ Risk Mgmt 2. Date: June 13, 2007 JUN a 4 2007 3. Name of contractor/permittee: Robinwood Little League City of Huntington 66�,;c;h City Attorney's office 4. Description of work to be performed: Lease Renewal 5. Value and length of contract: 1 year 6. Waiver/modification request: Waiver of Automobile insurance requirement 7. Reason for request and why it should be granted: Not necessary based on type of service 8. Identify the risks to the City in approving this waiver/modification: None. aivv_" L? - t3 , 07 Depart e t Head Signat a Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to"be granted: Approval frorm the City Administrators Office is;only required;if Risk Management d t City Attorneys Office disagree_ 1. Risk Management r Approved ❑ Denied Signature bate 2. =rney's Office ved ❑ Deniea&:!�8ign_iaiture Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attomey's Office along with the contract for approval_ Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Waiver 6/13/2007 8:08:00 AM CERTIFICATE OF LIABILITY INSURANCE DATE 11/2S/06 Keystone Risk Managers,LLC CERTIFICATE# A056206-1. 1"5 Point Township Drive Northumberland,PA 17867 4 05 62 ADDRIONAL NAKED INSUREM INSURERS AFFORDING COVERAGE: RCIRIN'W'1000 LL INSURER A- LEXINGTON INSURANCE COMPANY 1*10NA '.U,0 t-,,K. . CAP TA 16281 HAWAII LANE-' INSURER B: NATIONAL UNION FIRE INSURANCE (Non-Liability) COMPANY OF PITTSBURGH,PA Hffl--JTINGT9�4 SrE-oClrl CA ?2649 INSURER Q LANDMARK INSURANCE COMPANY .COVERAGES THE 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 AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'N —' I - TYPE OF INSURANCE POLICY NUMBER -F POU.Y EFFEcnvE POLICY EXPIRATION LIMITS m INSFID DATE MMfDDr[M DATE MWDDfYYYY GENERAL LIABILITY FACH 0XURRENa X X OCCURRENCE 5�0 9 0 1.9 5-0 2' 1/01/2007 1/0 1/2006 GENERkAGGREGnzE $27 ,0 0 0 000 INCL.PARTICIPANTS Property Damage Deductible:$250 fflo AMPECIM $1 :0001000 DUCTSICOMP OPS SEXUAL ABUSE $1i t0 00 0()0 X SEXUAL ABUSE am $2 ,000,0100 AGGREGATE EACH LOSS $1,000,000 V DIRECTORS&OFFICERS —4 1 1. 0`;7 1/0 1/20100 162 AGGREGATE $1,000,000 EACH LOSS $35,000 CRIME COVERAGE Crime Deductible:$250 Propertyl$1,000 Money AGGREGATE NONE As in Master Policy As in Master B SPORTS EXCESS ACCIDENT *�?.C-9 1 1* "4 2 1 Med.Max$loo,0001 Policy Excess Ded.$50 14 —1 "X"INDICATES COVERAGE SELECTED FOR ADDITIONAL NAMED INSURED ADDITIONAL INSURED Who is an insured(SECTION 11)of the General Liability policy is amended to include as an insured the person or organization shown in the schedule,but only with respect to liability arising out of the above named Little League's maintenance or use of ball fields,or other premises loaned,donated,or rented to that Little League by such person or organizations and subject to the following additional exclusions: 1. StructurW alterations,new construction,maintenance,repair or demolition operations performed by or on behalf of the person or organization designated in the Schedule and/or performed by the above named Little League and 2 That part of the ball field or other premises not being used by the above named Little League NAME AND ADDRESS OF PERSON OR ORGANIZATION: I I t'IE9,17MINSTER SIC-H-00L 131'15TF�ICT 2. 120114111 VIEW SCHOOL oisTRIC'T 3. HUM INGTON BEACIH UNION 141-IGIA SCI-MOL BIB Rl"--*f CIE TY OF HUNTINGT00 'ITS AGEN TS 0 F F I CE R S AIN D E-M"P L.-C Y E I----S AP AS TO FORM C ORNER MG R INSURED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES TO THE ABOVE NAMED LITTLE LEAGUE BE CANCELED BEFORE THE Little League Baseball Risk Purchasing Group,Inc. EXPIRATION DATE THEREOF THE ISSUING INSURER OR THEIR REPRESENTATIVE WILL MAIL 30 DAYS WRFrTEN NOTICE TO THE DESIGNATED PERSON OR ORGANIZATIONLAST OWN ADDRESS US. 539 U.S.RT.15 HIGHWAY South Williamsport,PA 17702 AUTHORIZED T ADDITIONAL INSURED(Continued) Who is an Insured(SECTION 11)of the General Liability policy is amended to include as an insured the person or organization shown in the schedule,but only with respect to liability arising out of the above named Little League's maintenance or use of ball fields,or other premises loaned,donated,or rented to that Little League by such person or organizations and subject to the following additional exclusions: 1. Structural alterations,new construction,maintenance,repair or demolition operations performed by or on behalf of the person or organization designated In the Schedule and/or performed by the above named Little League;and 2. That part of the bail field or other premises not being used by the above named Little League. NAME AND ADDRESS OF PERSON OR ORGANIZATION: CITY OF HUNTINGTON BEACH,ITS AGENTS,OFFICERS AND EMPLOYEES Additional Named Insured: ROBINWOOD LITTLE LEAGUE Ccrtff sate#: 405-62-06 GENERAL LIABILITY POLICY#5098195-M EFFECT DATE 1/01/07 TO 1/01/08 Countersigned by �✓ Authorized Repress ativ I CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648, Dedarat on cif 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 disk Management Division 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 small 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 arty employee(s) or become subject to the provision of the laws requiring Workers* Compensation Insurance.. Applicant/Cornpang Larne: e Applicant's Signature; - _n Title: Location Signed; (14 Date Signed: Telephone I�lurnber. '~ 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development Department SUBJECT: Approve Lease Agreement for Rental of Baseball Fields and Related Improvements at Marina Community Park. COUNCIL MEETING DATE: July 2, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable {REVIEWED -RETURNED .,., 'FORWARDED-} Administrative Staff Deputy City Administrator (Initial) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLA, ATO , FO . TUR ,'. TEM: ;, r Only)(Below Space For City Clerk's Use RCA Author: Tina Krause Ext. 1529 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 3, 2007 Robinwood Little League, Inc. c/o Dona Cardona P. O. Box 1384 Huntington Beach, CA 92649 Dear Ms. Cardona: Enclosed for your records is a fully executed copy of the Lease Agreement between the City of Huntington Beach and Robinwood Little League for the Rental of Baseball Fields and Related Improvements at Marina Community Park. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosure: Agreement G:followup:agrmtitr (Telephone:714536-5227)