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HomeMy WebLinkAboutVF Outdoor, Inc - 2013-11-18 Dept.ID CS 13-023 Page 1 of 2 Meeting Date: 11/18/2013 fjoY6r-2� 6-0 CITY OF HUNTINGTON BEACH . ; , REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/18/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a License Agreement between the City and VF Outdoor, Inc. for use of the Central Park Sports Complex parking lot for temporary parking for skate park events Statement of Issue: As part of an Agreement between VF Outdoor, Inc. and the City of Huntington Beach, there is a need to approve a License Agreement for use of the Central Park Sports Complex Parking Lot for temporary parking for skate park events. Financial Impact: Special event patrons will pay the approved Huntington Central Park Sports Complex parking fee or VF Outdoor, Inc. may choose to pay a flat rate of$625 for the licensed temporary parking area. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "License Agreement Between the City of Huntington Beach and VF Outdoor, Inc. for Use of the Central Park Sports Complex Parking Lot for Temporary Parking for Skate Park Events." Alternative Action(s): Do not approve the License Agreement and direct staff accordingly. Analysis: VF Outdoor, Inc., entered into an Agreement with the City to develop an area within the City known as "Vans Skate Park." VF Outdoor, Inc., will operate the skate park seven days a week utilizing on- site parking for patrons and will also conduct special events at the skate park which may require additional parking facilities to accommodate those events. The City agreed to provide temporary, overflow parking on City property located at the Huntington Central Park Sports Complex (Complex) to accommodate parking needs for the special events. The License Agreement will allow VF Outdoor, Inc., the nonexclusive right to use a portion.of the Complex parking lot for temporary, short term parking. The license will allow VF Outdoor, Inc., up to fifteen days per year, the use of up to 625 parking spaces in the 850 space lot on dates, times, and locations approved by the Community Services Department. It is important to note that City events and programs at the Complex take priority over Vans Skate Park special events which may require additional parking. As such, the City at its sole discretion may not permit overflow parking even if there is a special event scheduled by VF Outdoor, Inc. Patrons parking at the Complex for skate park special events will pay the approved daily rate fee as approved by City Council. Item 11. - 1 FIB -208- Dept. ID CS 13-023 Page 2 of 2 Meeting Date: 11/1B/2013 Environmental Status: Entitlements and environmental clearance for the Vans Skate Park project, including off-site parking for events were previously approved under Environmental Impact Report No. 10-009 and Conditional Use Permit No. 2012-009. Strategic Plan Goal: Enhance economic development Attachment(s): 1. "License Agreement Between The City of Huntington Beach and VF Outdoor, Inc. for Use of the Central Park Sports Complex Parking Lot for Temporary Parking for Skate Park Events." xB -209- Item 11. - 2 ATTACHMENT # 1 LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND VF OUTDOOR, INC. FOR USE OF THE CENTRAL PARK SPORTS COMPLEX PARKING LOT FOR TEMPORARY PARKING FOR SKATE PARK EVENTS HIS LICENSE (the "License") is made and entered into effective `/ErJ66�ie_ / ' , 2013 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("City") and VF OUTDOOR, INC., a California corporation (hereinafter "Licensee") for the purpose herein specified upon the terms and conditions set forth below. By execution hereof, the Licensee agrees to comply with all such terms. RECITALS WHEREAS, Licensee has entered into an Agreement with the City to develop an area within the City known as "Skate Park;" and Licensee will operate the skate park seven days a week utilizing on-site parking for patrons. Licensee will also conduct special events at the skate park and which may require additional parking facilities to accommodate those events. City has agreed to provide temporary, overflow parking on City property located at the Huntington Central Park Sports Complex (hereinafter "Complex") to accommodate parking needs for Licensee's special events ("Program"). 1 Terms and Condition of Use. This License allows Licensee the non- exclusive right use a portion of the Complex parking lot for temporary, short term parking on a portion of the Complex ("specifically identified as "License Area"). The License Area shall be as described and depicted on the Exhibit A, attached hereto and incorporated herein by this reference. The License Area may sometimes hereafter be referred to as"the Premises." Licensee agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. Licensee further agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the License Area, not to commit or permit to be committed waste on the License Area, and to comply with all governmental laws and regulations in connection with its use of the License Area. Licensee expressly agrees and understands this is a License Agreement for a temporary use and any terms and conditions created herein are of a temporary nature and as such, create no legal or equitable obligations of City or property rights beyond those specifically identified herein. Dates, times and locations regarding temporary parking at the Complex will be determined at the sole discretion of the Community Services Department. Dates times and Page 1 of 9 12-3579/92221.docx locations of parking will be set forth in writing and may be modified by the City at its sole discretion. However, City's consent for use of the Complex parking spaces will not be unreasonably withheld. Licensee understands and accepts that City events and programs at the Complex take priority over Licensee's special events that may require additional parking. As such the City at its sole discretion may not permit overflow parking even if there is a special event scheduled by Licensee. Up to fifteen days per year, Licensee may use up to 625 parking spaces in the 850 space lot on dates, times and locations approved by the Community Services Department. The City will endeavor to accommodate parking for Licensee if Licensee has smaller events at the Skate Park providing that combined with Complex activities the number of required spaces does not exceed 850 parking spaces. Licensee's special event patrons will pay the approved Complex parking fee which is currently $1.00 per parking space per day. Licensee recognizes that the fee of$1.00 per parking space per day is the standard parking fee as adopted by City Council and City Council has the option to increase the fee in the future. If the Council increases the fee, or City decides to charge an increased amount for use of the parking spaces identified herein, Licensee patrons will be required to pay the additional amount. Licensee may choose to pay a flat per day rate of $625 for use of the lot. Should the standard per space parking fee be amended,the flat fee rate will be adjusted accordingly. With prior approval of City, Licensee may use a professional car parking service within the lot in the License Area. The City must pre approve any such agreement and may impose insurance and indemnification requirements on the third party car parking service. Licensee will be responsible for providing any temporary signage and complying with all City ordinances and conditions of approval regarding designated off-site parking area and shuttle stops. All signage shall have the prior written approval of City's Director of Planning and Building at his/her sole discretion. All signage must be removed from the Complex and other locations at the conclusion of each event. As further provided herein, Licensee is responsible for all damages to City property relating to use of the Complex pursuant to this License agreement. The License Area is also used for park purposes by the public. Licensee's non- exclusive use of the License Area is determined by City at its sole discretion. However, in no event, may �the program operate on July 4th. 2. Term. This License is effective beginning 111,0,V,5M&W_ /,p , 2013, and ending 1. L% �� 30,AOi This License shall be effective for the period as stated above and may be terminated and/or revoked by either party at any time with or without cause. Page 2 of 9 12-3574(42221.docx Parties will attempt to give each other thirty (30) days written notice to prior to terminating or revoking this License. 3. Maintenance and Operations. Licensee shall designate in writing to City an on-site representative who shall be responsible for the operation and level of maintenance, cleanliness, and general order. A. Maintenance. While using the License Area Licensee shall, to the satisfaction of the City, keep and maintain the License Area in good condition and substantial repair. It shall be Licensee's responsibility to take all steps necessary or appropriate to maintain such standard of conditions and repair. Licensee expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary' condition to the complete satisfaction of the City and in compliance with all applicable laws. Licensee further agrees to keep the License Area free and clear of rubbish and litter. City shall have the right to enter upon and inspect the License Area at any time for cleanliness and safety. If Licensee fails to maintain or make repairs or replacements as required herein, City may notify Licensee in writing of said failure. Should Licensee fail to correct the situation within a reasonable time thereafter as established by the City, the City may have the necessary correction made and the cost thereof, including but not limited to the cost of labor, materials, and equipment and administration, shall be paid by Licensee within ten(10) days of receipt of a statement of said cost from the City. City may, at its option, choose other remedies available herein, or by law. B. Operations. Licensee agrees to manage the program in a competent and efficient manner at least comparable to other well-managed programs of a similar type. Licensee agrees to provide all necessary employees to provide parking and will be further responsible for the condition of the License Area. Any equipment brought to the License Area each day for parking use shall be removed each day unless prior storage arrangements have been approved by the City. Licensee shall retain active, qualified, competent and experienced personnel to service Licensee's operation and represent and act for Licensee. Licensee shall require attendants and employees to be properly dressed, clean, courteous, efficient, and neat in appearance at all times. Staff shall have name badges or ID cards identifying them as associated with Licensee. No beverages, food, products or merchandise of any kind may be sold to program participants or the general public upon City parking area property during Licensee's use of the Premises without the prior written consent of the City. If merchandise or other sales are approved,the gross sales receipts will additionally be added to the percentage License fee. NO ALCOHOLIC BEVERAGES OR TOBACCO PRODUCTS SHALL BE SOLD OR CONSUMED WITHIN THE LICENSE AREA. Page 3 of 9 1 2-3 5 79/9222 1.docx 4. Notices. Unless specifically providing for verbal or electronic notice, all notices, certificates, or other communications required to be given hereunder shall be in writing and made in the following manner, and shall be sufficiently given and deemed received when (a) personally delivered; or (b) three (3) business days after being sent via United States certified mail — return receipt requested; or (c) one (1) business day after being sent by reputable overnight courier, in each case to the addresses specified below; provided that City and Licensee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: CITY: LICENSEE: City of Huntington Beach VF Outdoor, Inc ATTN: Director of Community Services 6550 Katella Avenue 2000 Main Street, P.O. Box 190 Cypress, CA 90630 Huntington Beach, CA 92648 5. Permits and Licenses. Licensee shall be required to obtain any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by City, in its governmental capacity shall affect or limit Licensee's obligations hereunder, nor shall any approvals or consents given by City, as a party to this License, be deemed approval as to compliance or conformance with applicable governmental codes, laws,rules, or regulations. 6. Utilities. The use by Licensee of utilities not already in place for normal visitor use is not anticipated; but in the event that extension and use of added utilities becomes necessary, Licensee shall be responsible for and pay,prior to the delinquency date, all charges for such added utilities supplied to the License Area. 7. Indemnification, Defense and Hold Harmless. Licensee 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 (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with (1) the use or occupancy of the Premises by Licensee, its officers, employees or agents, including any damage to vehicles or persons caused by the Lessee or(2) the death or injury of any person or the damage to property caused by a condition of the Premises, or(3)the death or injury of any person or the damage to property caused by any act or omission of Licensee, its officers, employees or agents, or (4) any failure by Licensee to keep the Premises in a safe condition, (5) any damage to vehicles, property theft vandalism or otherwise to third party property or (6) Licensee's (or Licensee's agents ) performance of this License or its failure to comply with any of its obligations contained in this License by Licensee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. Licensee shall hold all Trade Fixtures, personal property and trade inventory on the Premises at the sole risk of Licensee and save City harmless from any loss or damage thereto by any cause whatsoever, except such loss or Page 4 of 9 1 2-3 5 79/92 2 2 1.docx damage which was caused by the sole negligence or willful misconduct of City. Licensee will conduct all defense at its sole cost and expense and City shall approve selection of Licensee'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 Licensee. 8. Insurance. A. Workers' Compensation And Employers' Liability Insurance. Licensee acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Licensee covenants that it shall comply with such provisions prior to the commencement of this License. Licensee shall obtain and furnish to City workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Licensee shall require all subleases and contractors to provide such workers' compensation and employers' liability insurance for all of the subleases' and contractors' employees. Licensee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Licensee shall similarly require all subleases and contractors to waive subrogation. B. General Public Liability Insurance. In addition to the workers' compensation and employers' liability insurance and Licensee's covenant to defend, hold harmless and indemnify City, Licensee 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 Licensee, 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 Two Million Dollars ($2,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than Two Million Dollars ($2,000,000.00) 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 License shall be deemed excess coverage and that Licensee'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. C Property Insurance. Licensee shall provide before commencement of this License and shall obtain and furnish to City, at Licensee'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 all Improvements, Trade Fixtures, personal property, automobiles valet parked by Lessee or other personal property whether or not owned or Licensed by Licensee, Page 5 of 9 1 2-3 5 79/9 22 2 1.docx and all trade inventory in or on the Premises against damage or destruction by fire, theft accidental damage or the elements. This policy shall contain a full replacement cost endorsement naming Licensee 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 Licensed by Licensee, 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 Licensed by Licensee, 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 Section 52 (Destruction) below, and either party elects to terminate the License, the entire amount of any insurance proceeds (excluding such proceeds for Trade Fixtures, personal property whether or not owned or Licensed by Licensee 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) The insurer shall not cancel or reduce the insured's coverage without (30) days prior written notice to City; (b) 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 License. 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. D. 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 City, the amount and/or scope of general public liability insurance in Section 21 above and/or property insurance coverage in Section 22 above at that time is not adequate, Licensee shall increase the insurance coverage as reasonably required by City. E. Certificates Of Insurance; Additional Insured Endorsements. Prior to commencement of 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 License; 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; and (c) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of City; however ten (10) days' prior Page 6 of 9 1 2-3 5 79/9222 1.docx written notice in the event of cancellation for nonpayment of premium, which 10-day notice provision shall not apply to property insurance. Licensee shall maintain the foregoing insurance coverages in force during the entire term of the License or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from Licensee's defense, hold harmless and indemnification obligations as set forth in this License. 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. Licensee shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. 9. Signs. Licensee agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area except as approved by City. Unapproved signs, banners, flags, etc.,may be removed by City without prior notice to Licensee. 10. Construction and/or Alteration by Licensee. No structures, improvements, or facilities shall be constructed, erected, altered, or made within the License Area. 11. Limitations of License. This License and the rights and privileges granted Licensee in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to Licensee of rights in the License Area which exceed those owned by City or set forth herein. 12. License Organization. The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 13. Amendments: This License is the sole and only agreement between the parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both parties. Additions to this License for future park locations for day camp operations shall be approved by the City. 14. Unlawful Use. Licensee agrees no improvements shall be erected, placed upon, operated, or maintained on the License Areas nor any business conducted or carried on therein of therefrom, in violation of the terms of this License, or of any regulation, order of law, statute,bylaw,or ordinance of a governmental agency having jurisdiction. 15. Inspection. City or its authorized representatives shall have the right at all reasonable times to inspect the operation to determine if the activities conducted by the program are in compliance with the License agreement. Page 7 of 9 12-3579/92221.doex 16. Taxes and Assessments. Should this License create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments including) but not limited to said possessory interest tax) which become due and payable in connection with this License or upon fixtures, equipment, or other property used in connection with this License, shall be the full responsibility of Licensee, and Licensee shall cause said taxes and assessments to be paid promptly. 17. Partial Invalidity. If any term, covenant, condition or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 18. Waiver of Rights. The failure of City to insist upon strict performance of any of any of the terms,covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that City may have, and shall not be deemed a waiver of the right to require strict performance of all the terms covenants and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition or the License Any waiver, in order to be effective, must be signed by the party whose right or remedy is being waived. 19. Condition of License Area Upon Termination. Except as otherwise agreed to herein, upon termination of this License, Licensee shall redeliver possession of said License Area to City in substantially the same condition that existed immediately prior to Licensee's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 20. Disposition of Abandoned Personal Property. If Licensee abandons the License Area or is dispossessed thereof by process of law or otherwise title to any personal property belonging to Licensee left on the License Area ten(10) days after such event shall be deemed, at City option, to have been transferred to City. The City shall have the right to remove and to dispose of such property without liability therefor to Licensee or to any person claiming under Licensee, and shall have no need to account for the property. 21. Time of Essence. Time is the essence of the License. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 22. No Assignment. The License granted hereby is personal to Licensee and any assignment of said License by Licensee, voluntarily or by operation of law, shall automatically terminate the License granted hereby. 23. Nondiscrimination. Licensee agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin. Licensee shall make its accommodations and services available to the public on fair and reasonable terms Page 8 of 9 1 2-3 5 79/92221.docx 24. Governing Law and Venue. This License Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange City, California, and the parties hereto agree to do and hereby submit to the jurisdiction of such court,notwithstanding Code of Civil Procedure section 394. IN WITNESS WHEREOF, the parties hereto have caused this License to be executed by and through their authorized officers the day,month and year first above written. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement,and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not,in fact,held by the signatory or is withdrawn. VF OUTDOOR,INC. ® CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: +r✓t o print name ITS: (circle one)Chairrnanlliiider ice President Mayor AND --e- City Clerk By: G7 print name INITIATED AND APPROVED: ITS: (circle one)Secre hief Financial Office Asst.Secretary-Treasurer �Ai k= ector of Community Services REV AND APPROVED: APPROVED AS TO FORM: ty Administrator C' Attorney v-10.-6-13 COUNTERPART Page 9 of 9 12-3579/92221.docx 24. Governing Law and Venue. This License Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange City, California, and the parties hereto agree to do and hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. IN WITNESS WHEREOF, the parties hereto have caused this License to be executed by and through their authorized officers the day, month and year first above written. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. VF OUTDOOR, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Mayor AND City Clerk By: print name INITIATED AND APPROVED: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer M'6�f Community Services REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator C' y Attorney v -15/3 COUNTERPART Page 9 of 9 12-3579/92221.docx EXHIBIT A Huntington Central Park Sports Complex License Area Exhibit A a�"! fal. ' 1 T,� F) UNIDO t ' 1 i - i Specific location and number of parking spaces within the License Area will be at the discretion of the City per the conditions of Sectionr1 .n '`�a CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON TACT Marsh USA I= NAME: 1717AMI,Stro9: PHONE - - ---- lAX Philadelphia,PA 19103.2797 E-MAIL k NC.Nok AIn PHILADELPHIACERTSQMARSH.CCMR72-948-C360 FAX apDRAss: INIMINSR(S AFFORDING COVERAGE KAIC/ J2/545ALL-GAN'1i17-13 -VANS. GW p�R A.ACEAnenuo INDIMo ,Canpany 22667 INSUREDINSURER 6:NIA NIA VANNS,S,A DIVISION OF VF OUTDOOR INC. ATTN:RALPH SHANK INSURER C: 105 CORPORATE CENTER BLVD. GREENSBORO.NO 2740E INSURER D: _ ILRURER E: IfISURER P COVERAGES CERTIFICATE NUMBER: CLE-003327882-27 REVISION NUMBER:6 THIS IS TO CERTIFY THAT 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 CONTRACTOR 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 BY PAID CLAIMS. INSR lYIl OF R4SIJRANCE R Jim POLICY NUtlaEA POLICY EFF POLICY EXPO A GENERAL LMaIIUMV HDOG2702D318 OSM12013 IOHl2014 EACH OCCURRENCE $ ZD00,003 X COMMERCIAL GENERPILN&LTY PRO-EMSES(Eaocc a E ZOOM CWMS-MADE OCCUR MED EXP(M One Persan S NIA PCRS LAAW INJURY f 2,000,000 GENERAL AGGREGATE S 10.000,000 GEN,AGGREGATE LIMIT APPUES PER: PROOUCTs-COMPADPAGG { 5.000,000 71 POLICY - LOC S AUTOMOeIIl UASIDTY EeaB' D1SINGLE 2,000,000 A X ANY AUTO ISAH08719755 - OW112013 06/012014 WDR Y INJURY(M preen) S A.LCWrJED SCHEDULED SELF INSURED FOR AUTOS P AUTOSNIRED AUTOSgOSD PHYSIGIL DAM4GE PROPS E S da PI S UMBRELLA UAe OCCUR EACH OCCURRENCE S EXCESSUAa OWMSIMCE AGGFfE0117rE E DED I I RETENTONS S A AND EMPLOYERS' YERS'LABILN WLRC47319D2A lOS) 1201 1 71 WC ETATU. OTH• A MRKERS COMP NATION YIN J-OaQS — ANYPROPRIETOR'PARTNEPoEXECUTNE SCF047319031(W) OwlUM3' Dfi1012014 OFFICERAaERBER EXCLUDED? ❑N NIAI E.LEACHACCIOENT (Meatlalary in NHl 1 y E.L DISEASE-EA EMPLOYE E OESCPoPrK)NOFOPERATONS OeOw EL.[RSFASE•PCLICY OMIT Is A EXCESS WOf61ER8 COMPENSATION �WCUC47319143 05012(13 OW2014 STAT.BENEFITS IN XS OF SELF INS.PERACC.RET, 5001000 DESCRIPTONOFOPERATIONSILOCATIONS1VENICLES(AMOACORD101.AWiUmWRam SchMYla,HmoreeyacaYr Wreal RE:VANS PIER CLASSIC EVENT THE On OF HUNTINGTON BEACH,ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS.EMPLOYEES,AGENTS AND VOLUNTEERS ARE INCLUDED ASADDITKXIAL.INSURED AS REWIRED BY WRITTEN CONTRACT BUT ONLY AS RESPECTS OPERATIONS OF THE NAMED INSURED,EXCEPT FOR WORKERS COMPENSATION. 'APITIaOVED AS T IPER RSed T4i,City �• e CERTIFICATE HOLDER CANCELLATION U THE CITYGEN S,HUNONGTON BEACH,ITSA SHOULD ANY OF THE ABOVE DESOMMI)POLICIES BE CANCELLED BEFORE COMMUNITY SERVICEOFFICER DEPARTMENT ES THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN CCOBA11NItt SERVICE DEPARTMENT-SPECIFIC EVENS ACCORDANCE WITH THE POLICY PROVISIONS. 2D00 MAIN STREET HUNTINGTON REACH,CA 92648 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Maninihl Mukherjee ©19BB-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: HDO G27020318 Endorsement Number: 34 COMMERCIAL GENERAL LIABILITY CG 20 12 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Huntington Beach Its Elected or Appointed Official Officers, Employees and Volunteers. City of Huntington Beach, 200 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury' arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. 'Bodily injury' or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1