HomeMy WebLinkAboutTHERAPEUTIC RIDING SCHOOLS - 1994-04-06 • , _ l Gcypt
REQUEST FOR CITY COUNCIL ACTION 7.403cep.i.
Date A.ri14 1994 l"
Submitted to: The Honorable Mayor and City Council APPROVE r :Y CITY COUNCIL
Submitted by: Michael Uberuaga, City Administrator ` / '
Prepared by: ,_
Ron Hagan, Director, Community Services
Subject:
HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER
SUBLEASE TO THERAPEUTIC RIDING SCHOOL
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Roz, , G 5 8.2.
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: .gM
STATEMENT OF ISSUE g.?y ` ' `'"''`'`-�'� .4 5v/6/9 sz
There is a request by the Huntington Central Park Equestrian Center concessionaire to allow the
Therapeutic Riding School to sublease at the equestrian center to provide a riding experience for
the physically and mentally challenged.
RECOMMENDATION
Adopt a resolution of the City Council of the City of Huntington Beach authorizing a sublease by
Therapeutic Riding Schools at the Huntington Central Park Equestrian Center.
ANALYSIS
City Council has approved a master plan for Huntington Central Park that includes land for the
Therapeutic Riding School (TRS), a nonprofit organization, to create a riding center for the
physically and mentally challenged. Until TRS can raise the funds to build a permanent facility, it
would like to sublease at the Huntington Central Park Equestrian Center. It has been operating at
the equestrian center since October, 1993 as a pilot program to determine if the facility would
serve its purposes. This pilot program has successfully allowed TRS to start its program locally
as well as maintain its nonprofit status with the State of California.
It is unknown when the nonprofit organization will be able to raise the necessary funding to build
a permanent facility. TRS and National Equestrian Centers, Inc. would like to formally request
approval of a sublease by the City Council. TRS is providing $1 million in liability coverage and
has named National Equestrian Centers, Inc. and the City of Huntington Beach as additionally
insured.
Per Section XI of the concessionaire's agreement, City Council must approve subleasing at the
equestrian center. Staff recommends approval of the concessionaire's request to allow TRS to
sublease at the Huntington Central Park Equestrian Center.
PI 5/85
r
REQUEST FOR COUNCIL ACTION PAGE TWO
FUNDING SOURCE
Not Applicable.
ALTERNATIVE ACTIONS
Do not approve the sublease with TRS
ATTACHMENTS
Resolution
Mary Harris's January 19, 1994 letter including sublease.
RESOLUTION 6582
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING A SUBLEASE
BY THERAPEUTIC RIDING SCHOOLS AT THE
HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER
WHEREAS, City Council has approved a master plan for Huntington Central Park
which includes land for a nonprofit riding center for the physically and mentally challenged; and
City entered into a concessionaire's agreement with National Equestrian Centers.
National Equestrian Centers would like to sublease land to the Therapeutic Riding Schools
(TRS), a nonprofit organization to create this riding center; and
TRS has been operating as a pilot program, at the equestrian center since October,
1993. The pilot program has successfully allowed TRS to start its program locally, as well as
maintain a nonprofit status with the State of California; and
Until TRS can raise the funds to build a permanent center, it would like to sublease land
at the Huntington Park Equestrian Center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington
Beach finds a need for such a riding center, and hereby authorizes and approves a sublease
between Therapeutic Riding School and National Equestrian Centers, Inc., that is consistent
with the Master Lease and subject to the insurance requirements of the city, at Huntington
Central Park Equestrian Center
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of April , 1994.
Mayor
ATT
agada6(47? APPROV a AS TO FO M:
City Clerk
'1.�a/
Awpw
4REEWED AND AP ROVED:
//City Attorney Cam .4--t�-96
INITIA AND APPROVED:
Gc
ity dministrator DiIM/,<r of munity Services
TRS.DOC3/k/04/13/94
Res.No. 6582
STATE OF CALIFORNIA
)
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing resolution was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council at an
adjourned regular meeting therof held on the 6th day of April, 1994, by the following
vote:
AYES: Councilmembers: Silva,Bauer, Robitaille, Moulton-Patterson, Winchell,
Leipzig, Sullivan
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Clerk and ex-off cio Cl r
of the City Council of the City
i
of Huntington Beach, California
. (5) Page 5-Cc____:UAgency Agenda-4/6/94
E-5. (City Council) HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER
SUBLEASE TO THERAPEUTIC RIDING CENTER OF HUNTINGTON BEACH -
RESOLUTION NO 6582 -"A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING A SUBLEASE BY
•7-0 THERAPEUTIC RIDING SCHOOLS AT THE HUNTINGTON CENTRAL PARK
- EQUESTRIAN CENTER." Prepared by Community Services, (600.35)
OmenIS co1�S,SJenf- ttd-I3 the
���� A-5 ��� -f-u s-}�-�e " fh f
• rrt‘a54.e/' L.£aSe 3- svbdscT 7aThy 1-msv^anca" utrF.rnonts Oi ,e C.'4y
E-6. (City Council) RESOLUTION OF SUPPORT -VESSEL PASSENGER SERVICE
BETWEEN HUNTINGTON HARBOUR (PETER'S LANDING MARINA) AND
CATALINA ISLAND - RESOLUTION NO. 6583 -"A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A GENERAL
PUBLIC PASSENGER BOAT SERVICE BETWEEN HUNTINGTON BEACH, AT
PETER'S LANDING AND CATALINA ISLAND." Prepared by Economic
Development. (120.70)
d6p1-eb — 0
E-7. (City Council) PHASE II OF THE BEACH BOULEVARD SMART STREET
PROJECT (FORMERLY SUPER STREET) & PAVEMENT REHABILITATION
PROJECT BETWEEN ELLIS AVENUE &THE NORTHERN CITY LIMITS - ••
PLANS &SPECIFICATIONSICALL FOR BIDS -CC-784 - FED. NO. STPLN
• 5181(020j -Approve plans and specifications for construction of Phase 11 of the
. - Beach Boulevard Smart Street project(formerly called Super Street) and
pavement rehabilitation project between Ellis Avenue and the northern City Limits,
authorize the Director of Public Works to solicit bids and approve sample
construction contract subject to award of contract to Council approved lowest
responsible bidder. Prepared by Public Works. (600.50)
It-P-rJ uE _d
E-8. (Ci ouncil) REQUEST FOR CITY OF HUNTINGTON BEAC O JOIN IN •
SUPPO AMICUS CURIAE BRIEF - STOMER COMPA V CITY
OF SACRAMEN 'n in the amicus curiae brief w i ' volves the ques •
through use of an inverse con ation theory, should costs o nforcement •
response to emergency situations be sp the community as a who , as
opposed to the individuals who own the property a , damaged or destroyed
during the emergency response. Prepared by City Attorney. (630.50)
1.12 nro WE-a) re Si 64 (es d t.)6 Rs
(5)
•
1 HUNTINGTON CENTRAL PARK
EQUESTRIAN CENTER
1, r
18381 Goldenwest Blvd.
,/I• :P _' Huntington Beach,CA 92648
f (714)848-6565
P. '1 (714)848-6858 Fax
a
January 19 , 1994
Jim Engle; Superintendent of Parks and Recreation
City of Huntington Beach
2000 Main St .
Huntington Beach, Calif . 92648
Re : Therapeutic Riding Center of Huntington Beach
Dear Jim,
Attached you will find the sublease agreement from the
Therapeutic Riding Center to be approved by the City Council .
The Thrapeutic Riding Center would like to run their business
out of the Equestrian Center until such a time that they can
build their new facility.
Please let me know at your earliest convenience if this is
possible. Thank-you, Jim, for your time in this matter.
Your help is greatly appreciated.
Sincerely,
O�M -- ---.....‹.-
Mary Harris
General Manager
Huntington Central Park Equestrian Center
•
SUB-LEASE
This lease is made and entered into this first day of October
1993 by and between National Equestrian Centers , Inc .
( hereinafter referred to as "Landlord ) and Therapeutic
Riding Center of Huntington Beach ( hereinafter referred to as
"Tenant" ) .
Landlord hereby leases to Tenant and Tenant hereby leases
from landlord , on the terms and conditions hereinafter set
forth , that certain real property and the building and other
improvements located thereon situated in the City of
Huntington Beach , County of Orange , State of California ,
commonly known as 18381 Goldenwest St . and described as 12 x
24 pipe corral with use of arena ( said real property is
hereinafter called the "premises" ) .
The term of this lease shall be for a period of such time
that either party gives the other party thirty day notice .
Tenant shall pay t.o Landlord as rent for the Premises , the
sum of $150 .00 ( one hundred fifty dollars and no cents ) per
month , in advance on the first day of each month during the
term hereof . Rent shall be payable without notice or demand
and without any deduction , off-set , or abatement in lawful
money of the United States to the Landlord at the address
stated herein for notices or to such other persons or such
other places as the Landlord may designate to Tenant in
writing .
Tenant shall use the premises for giving therapeutic riding
lessons and for no other purpose without the landlord 's prior
consent .
Landlord shall pay all real property taxes and general
assessments levied and assessed against the premises during
the term of this lease
Tenant shall pay prior to the delinquency all taxes assessed
against and levied upon the trade fixtures , furnishings ,
equipment and other personal property of tenant contained in
the premises .
Landlord shall make all arrangements and pay for all water ,
gas , heat , light , power , and other utility services supplied
to the premises together with any taxes thereon . Tenant
shall pay for all connection charges . Tenant shall pay for
all telephone charges .
Tenant shall not , without the Landlord 's prior written
consent , make any alterations , improvements or additions in
or about the premises .
Tenant shall indemnify and hold Landlord harmless from and
against any and all claims arising from tenant 's use or
occupancy of the premises or from the conduct of its business
or from any activity , work , or things which may be permitted
or suffered by tenant in or about the premises including all
damages , costs , attorney 's fees , expenses and liabilities
incurred in the defense of any claim or action or proceeding
arising therefrom . Except for Landlord 's willful or grossly
negligent conduct. , Tenant hereby assumes all risk of damage
to property or injury to person in or about the premises from
any cause , and Tenant hereby waives all claims in respect.
thereof against Landlord .
Tenant shall not voluntarily or by operation of law assign ,
transfer , sublet , mortgage , or otherwise transfer or encumber
all or any part of tenant 's interest in this lease or in the
premises without landlord 's prior written consent which
consent shall not be unreasonable withheld .
It is agreed between the parties hereto that if any rent
shall be due hereunder and unpaid , or if a receiver be
appointed to take possession of substantially all of tenant 's
assets located at the premises or of tenant 's interest in the
lease , or if tenant shall make a general assignment
or
arrangement for the benefit of creditors , or if tenant shall
take any action under any insolvency or bankruptcy act , or if
tenant shall default and breach any other covenant or
provision of the lease , then the landlord , after giving the
proper notice required by law , may re-enter the premises and
remove any property and any and all persons therefrom in the
manner allowed by law . The landlord may , at his option ,
either maintain this lease in full force and effect and
recover the rent and other charges as they become due or , in
the alternative , terminate this lease . In addition , the
landlord may recover all rentals and any other damages and
pursue any other rights and remedies which the landlord may
have a.ga.inst the tenant by reason of such default as provided
by law .
On the last day of the term of this lease , tenant shall
surrender the premises to landlord in good condition , broom
clean , ordinary wear and tear and damage by fire and the
elements excepted .
If tenant , with the landlord 's consent , remains in possession
of the premises after expiration or termination of the term
of this lease , such possession by tenant shall be deemed t.o
be a tenancy from month-to-month at a rental in the amount of
the last monthly rental plus all other charges payable
hereunder , and upon the provisions of this lease applicable
to such a. month-to-month tenancy .
Each provision of this lease performable by tenant shall be
deemed both a covenant and a condition . The terms ,
conditions and covenants of this lease shall be binding upon
and shall inure to the benefit of each of the parties hereto ,
their heirs , personal representatives , successors and
assigns .
Whenever under this lease a provision is made for any demand ,
notice or declaration of any kind , it shall be in writing and
served either personally or sent by registered or certified
United States mail , postage prepaid , addressed at the
addresses as set forth below:
To Landlord at : 18381 Goldenwest St . Huntington Beach
California , 92648
To Tenant at : P .O . Box 4105 , Huntington Beach ,
California , 92605-4105
Such notice shall be deemed to be received within forty-eight
( 48 ) hours from the time of mailing , if mailed as provided
for in this paragraph .
No waiver by landlord of any provision hereof shall be deemed
a waiver of any other provision hereof or of any subsequent
breach by tenant of the same or any other provisions .
Time is of the essence of this lease .
Tenant to provide Landlord and the City of Huntington Beach
with an insurance binder noting the following conditions :
1 . On million dollar ( $1 ,000 ,000 .00 ) liability coverage
2 . The City of Huntington Beach and National Equestrian
Centers , Inc . , as the named additionally insured .
3 . Policy shall contain a cancellation clause reading in
substance as the following approved notice :
" It is agreed that this policy shall not be cancelled nor
the amounts of coverage provided herein reduced until
thirty ( 30 ) days after the CITY 'S City Attorney shall have
received written notice of such cancellation or reduction ,
as evidenced by return receipt of registered mail . "
The parties hereto have executed this lease on the date first
above written .
Landlord: Na ional Equestrian Centers , Inc .
by
Mary Ha ris , esident.
Tenar : Therapeutic Riding Center of Huntington Beach , Inc .
by
I
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PrzooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Markel,Service, Inc, NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
P O. Box 2009 !EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -
Glen Allen,VA 2305E COMPANIES AFFORDING COVERAGE
LwmPPR A Insurance Company of Evanston
CooE sus-OODE _
COMPANY
INSURED NARHA, INC. LETTER P .
THERAPEUTIC RIDING OF r er
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HUNTINGTON BEACH, INC, wr
DAVID J.ALLEN•EXEC.ADMIN. R D
P.Q. BOX 4105
HUNTINGTON BCH,CA 92605-4105 I COMPANY
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOT'MTHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED EY PAID CLAIMS. W.
CO TYPE OF INSURANCE PCuCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMBS
LTR DATE(MM/OD/VY) DATE(MM/DC:NY)
GENERALUABILRY GENERAL AGGREGATE DOES Not Apply
X COMMERCIAL GENERALLIABILTY
i GLS-V024472-U0 11/01/ 3 07/01/94 PRODUCTS-0OMP/OPSAGE. 51,000,00[)
:v.,�lr::
>j.3t; 1OWMSMACE�OCCUR. 001265 PERSONAL&ADV.INJURY $1,000,000
OWNER'S&CONTRACTOR'S PROT. EACH.00CURRENCE S Y,000,000
FIRE DAMAGE(Wry one Are) • 's No Covered
MED.EXPENSE(Any one person) $Not Covered
AUTOMOBILE UA91Lir, - COMBINED SINGLE
ANY AUTO LIMIT 8
ALL OWNED AUTOS PRIVATE PROPERTY WO ONLY BODILY INJURY
_ SCHEDULEbAL1TT (Per person)
HIRED AUTOS - BODILY INJURY
W— NON S1wNED AUTOS APPROVED ES TO !I OTaiii (Per sccldam) a
GArWGELLIBILRY GAIL HUTTON, City Atto ney
By:: Deputy City Attorn y PPOPERfvOAuariE $
MESS UABILfry
EACH OCCURRENCE_
EXC
UMBRELLA FORM AGf;RF_GATE &
OTHER THAN UMBRELLA FORM ��� Y^TFr^, F °� ;, v,fr ; i �Nyi iJ' 6' .,i,
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WORKERS COMPENSATION STATUTORY UMRS tix' " r. 'Y ;f,
EACH ACCIDENT 5
AND _...
.I`.' DISFA4E-POUCYUMR $
EMPLOYERS'UABLITY I ATTACH Ep DISEASE•EACH EMPLOYEE $
OTHFN
I
OESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/sPEGwlrr=_AS Certificate holde I,c;rred as additional insured/premises owner
with respect to the above-named NARHA operating center per fors CO2012 M/85 attached. It is agreed that this policy
shall not be cancelled nor the amounts of Coverage provided herein reduced until 30 days after the CITY's City Attorney
shal l h P 79, /,I' .n•>P r ti 1 tjp.R 1 'r V1. 7 I Stered mad
(f esilF'I 0 q I 'Igly �� gg11kat* .V rr. j{'? 1'V 3r$\ apt F 3 g..r '0 i 3 iiik
n So-':ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF HUNTINGTON BEACH :RATION DATE THEREOF, THE ISSUING COMPANY WILL pIR��(yx
CITY0 MAIN STREET , tV l,, ,yea DAYS WRITTENNOTICE TO� THE CERTIFICATE yHOLDER
18NAMED ARTO THE
LEF"7, ��.�vlt�EXIOMMOHO C441XXOWL riNV1Si/YXVl7YF414�I XICIKNO
HUNTINGTON BEACH, CA 92648 22 L y M'Xil n RXilt4MXMKP•. • MR NMORIXFAXIMM UR•
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AUTHORIZED REPREsE:NTATNE Ayr
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FEB23 "3+4 73: 12PM H.B. ECLIESTRIAN CENTER P.3/3
POLICY NUMBER: GLS-V024472.00 COMMERCIAL GENERAL LIABILITY
Cert. #001265 - Therapeutic Riding of Hunting:on Beach, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
STATE OR POLITICAL SUBDIVISIONS PERMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
State or Political Subdivision: NATIONAL EQUESTRIAN CENTERS, INC.
18381 GLDENWEST STREET
HUNTINGTON BEACH, CA 92648
IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED NOR THE AMOJNTS OF COVERAGE PROVIDED
HEREIN REDUCED UNTIL THIRTY (30) DAYS AFTER THE CITY'S CITY ATTORNEY SHALL HAVE RECEIVED
WRITTEN NOTICE OF SUCH CANCELLATION OR REDUCTION, AS EVIDENCED B{ RETURN RECEIPT OF
REGISTERED MAIL.
(If no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured vny state or political sub-
division shown in the Schedule, subject to the following provisions;
1. This insurance applies only with respect to operations performed by you or on your behalf
for which the •state or political subdivision has issued a permit
2: This insurance does not apply to:
a. "Bodily injury," "property damage," "personal injury" or "advertising njury" arising out of op-
erations performed for the state or municipality; or
b. "Bodily injury" or "property damage' included within the "products -cpmpleted operations haz-
ard"
CG 20 12 11 85 Copyright, Insurance Services Office, Inc., 1984: El
Flt3air! OF HUNTINGTON BEACH
2000 MAiN STREET CALIFORNIA 92648
RISK MANAGEMENT DIVISION
(714) 536-5990
In order to comply with City Council Resolution No. 6023 ,
You arc required to provide this office with a worker ' s
co .1pensaticn Certificate of Insurance , If you use no
employees in the performance of the work for which this
permit is zed, then you must sign this form and return
x� Four ;xrliest Convenience to the Risk Management
- t JC3 Main Street, Huntington 9each, California
Attn : Julie Fittery
•
•
:in the performance of the a,.tivity and/o-•
permit is issued, I su ' 1 not e: .
ny manner so as to become b j ect to -. _
,;ition laws of California
I< �r ed�.-
you are s: s:g this to
NA. ., �,.. A: - APRLICAN '/INSURED.
; 7:7 fg 2,.. i,:ijj4,A7
PHONE NUMBER: ' QO S'
This form is not required where per:,` fF :, is $100 . 00 oz. less.