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VICS BEACH CONCESSIONS - 1999-12-20
C54D Fre;d.Lx e-i ems, Council/Agency Meeting Held: 9 .7 V/ (000. 33 7Aprred/Continued to: pro v d on ,itional Approve 0 Denied y Clerk's Signature Council Meeting Date: December 20, 1999 Department ID Number: CS-99-045 CITY OF HUNTINGTON BEACH = ' REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS `J T-T SUBMITTED BY: RAY SILVER, City Administrator O . .dt.8 PREPARED BY: RON HAGAN, Director, Community Service SUBJECT: APPROVE LEASE WITH MICHAEL ALI FOR VIC'S CONCESSION IF-Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: There is a need to approve a month-to-month agreement with Michael Ali for the operation of Vic's Beach Concession. Funding Source: Revenue to the General Fund. Recommended Action: Motion to: Approve the month-to-month lease with Michael Ali for Vic's Beach Concession, authorize the Mayor and City Clerk to execute same, and direct City Clerk to record Quitclaim Deed from former lessees, Kenneth and Barbara Nitzkowski. Alternative Action(s): Do not approve the lease with Ali and close Vic's Beach concession until remodeling takes place. Analysis: Monte Nitzkowski, concessionaire for Vic's Beach Concession for thirty-three years, retired to consult for the 2000 and 2004 U.S. Olympics water polo teams. Council approved the city's buyout of Nitzkowski's lease and the modification of the concession into a new junior guard headquarters as part of the South Beach Improvement Master Plan. Such modification will replace the temporary junior guard facility that the 1,000 participants of the program operate out of in the summer. The original master plan for the south beach improvements envisioned a new building for the junior guard program; however, a new. building would have taken away parking, required additional replacement parking, and been subject to a Charter Section 612 vote. To overcome those obstacles, Council approved acquiring the building for rehabilitation as a combination junior guard headquarters and concession. The South Beach Improvement Master Plan has been divided into two phases. Phase I will begin construction in May or June 2000 with completion in the summer of 2001. Phase.11, r REQUEST FOR COUNCIL ACTON MEETING DATE: December 20, 1999 DEPARTMENT ID NUMBER: CS-99-045 which includes the remodeling of Vic's as a junior guard headquarters/concession, will begin in the fall of 2001 and be completed for the 2002 summer junior guard program. The Friends of Junior Guards are currently undertaking a fund-raising event to contribute to the improvements at Vic's concession. They plan to have their funds in place before the above- mentioned time schedule. In the interim, staff is recommending that the existing concession be operated month-to-month by Mike Ali, lessee of Zack's Too and Zack's Pier Plaza Beach Concessions. Mr. Ali is the only city concessionaire willing to operate the concession month- to-month with no guarantee of a future lease. The month-to-month lease is under the same terms and conditions as Mr. Ali's other leases. When the city completes the plans and specifications for the rehabilitation of the building, staff will solicit requests for proposal for a long-term lease on the concession portion of the building. Vic's Beach Concession has averaged gross sales of $250,000 per year. Thus, at 10 percent of gross sales, the city has averaged $25,000 a year in revenue. Since the city is twelve to eighteen months away from construction on the rehabilitation of the building, staff feels the concession should produce approximately $35,000 to $45,000 in revenue to the General Fund during the month-to-month, interim operation prior to Phase II of the South Beach Improvement Master Plan._ Therefore, staff recommends City Council approval of the lease of Vic's Beach Concession to Mike Ali on a month-to-month basis. Environmental Status: All entitlements and environmental work will be done during the plans and specifications phase of the rehabilitation of Vic's Beach Concession building as the junior guard headquarters/concession. Attachment(s): DescriptionCity Clerk's Page Number No. 1 Lease with Mike Ali for Vic's Beach Concession 2 Quitclaim Deed b Kenneth & Barbara Nitzkowski Q RCA Author: RH:cr All's lease of Vic's -2- December 13,1999 8:29 AM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA_92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE NJd-)')U tX-!- `j oA00 D TO: �M lma e! im ATTENTION: N2 Ioa 46zx ie r"7t �ef DEPARTIITNT: S c 1 / /7h,n7q y1 &&(-; ,, REGARDING:4CP C rv.e. City,State,Ut See Attached Action Agenda Item � Date of Approval a20 9 l Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Re p rks: 5 • yvn dF � ��P P 0 &jx Connie Brockway man.1a ln-)nQ City Clerk - Attachments: Action Agenda Page ✓ Agreement Bonds Insurance RCA Deed Other CC: &"7. eu, z Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Na ent RCA Agreemrnt Insu a Other -tY2 easy✓ ✓ y_ N Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name-Date G:Followup/coveritr (Telephone:714-536-5227) f12/20/99 - Counc Agenda - Page 11 9 9 E-5. (City Council) Approve Lease Between the City and Michael Ali for Vic's Beach Concession —Acceptance & Recordation of Quitclaim Deed from K. and B. Nitzkowski (600.35) —Approve the month-to-month Lease Between the City of Huntington Beach and Michael Ali for Vic's Beach Concession and authorize the Mayor and City Clerk to execute the same, and direct City Clerk to record Quitclaim Deed to City from former lessees, Kenneth and Barbara Nitzkowski. Submitted by the Community Services Director. (Lease commenced November 14, 1999) [Approved 6-0 (Julien absent)] E-6. (City Council) Approve Additional Compensation for Special Assignments Related to the Implementation of the Business Software System (700.10)—Authorize the City Administrator to provide up to a ten percent compensation increase for employees who have assumed extra duties and responsibilities to backfill employees who are assigned to the implementation of the Business Software System. Submitted by the Administrative Services Director. Funding Source: FY 99-00 Business Software System budget. [Approved 6-0 (Julien absent)] E-7. (City Council) Approval as to Form: Lease Between Abdelmuti Development Company and Martin & Associates (Oceanview Promenade)—Suite B (AB600.30)— Approve as to Form the First Amendment to Office Space Lease between Abdelmuti Development Company and Martin &Associates for Suite 3B renewing the lease for three (3) years commencing January 1, 2000 at the rental rates of$1.70 per square foot per month for the first year, $1.75 for the second year and $1.80 for the third year. (Fair Market Value) Submitted by the Economic Development Director. Funding Source: Redevelopment Tax Increment (FY 1999-2000 Appropriation: $135,000). [Approved 5-1 (Sullivan No; Julien absent)] E-8. (City Council) Approve License Agreement With Southern California Edison Company - Center Drive Traffic Signal - Approve City's Indemnity Obligation Requirements (600.20) - 1. Approve the proposed License Agreement with Southern California Edison Company and authorize the Mayor and City Clerk to execute the agreement; and, 2. Approve the City's indemnity obligation requirements requested by Southern California Edison. Submitted by the Director of Public Works. Funding Source: $200 - Measure M Funds (Ten year term 7/1/99 - 6/30/2009). [Approved 6-0 (Julien absent)] E-9. (City Council) Accept the Heil Avenue at Saybrook Lane Improvement Project CC-1099 And File a Notice of Completion - S. Parker Engineering. Inc. (600.50) -Accept the Heil Avenue at Saybrook Lane Improvement Project CC-1099 at a final cost of$41,265, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Director of Public Works. Funding Source: Gas Tax Funds. [Approved 6-0 (Julien absent)] ATTACHMENT # 1 LEASE BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL ALI FOR VIC'S BEACH CONCESSION TABLE OF CONTENTS Page l. SUPERSEDING OF PRIOR LEASE 1 2. GRANTOR CONCESSION FOR THE PREMISES 1 3. TERM 2 4. CONDITIONS OF PREMISES 2 5. QUITCLAIM DEED 2 6. RENT 2 7. GROSS SALES DEFINED 3 8. GROSS SALES EXCLUSIONS 4 9. BOOKS AND RECORDS 4 10. AUDIT OF GROSS SALES 5 , 11. USE OF PREMISES 6 12. QUALITY OF SERVICE AND CONTROL OF RATES AND CHARGES 7 13. HOLD HARMLESS AGREEMENT 8 14. WORKERS' COMPENSATION INSURANCE 9 15. INSURANCE 9 16 PROPERTY INSURANCE 10 17. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 11 18. TAXES 12 19. TITLE TO IMPROVEMENTS 12 20. PERSONAL PROPERTY IMPROVEMENTS 13 21. MAINTENANCE OF IMPROVEMENTS 13 22. WASTE OR NUISANCE 15 23. MAINTENANCE OF WINDOW GLASS 15 24. UTILITIES AND SERVICES 15 25. SIGNS, ADVERTISING AND APPROVAL OF NAME 16 26. INSPECTION OF PREMISES 16 27. BREACH OF LEASE 16 28. WITHOUT CAUSE TERMINATION 17 29. INTERPRETATION OF LEASE 17 30. SUBLEASING OR ASSIGNING AS BREACH 17 31. ASSIGNMENTS 18 32. WAIVER OF CLAIMS 18 33. RIGHT OF ENTRY AS AGENT 19 34. TERMS BINDING ON SUCCESSORS 19 35. DURATION OF PUBLIC FACILITIES 19 36. TIME OF ESSENCE 19 37. EMINENT DOMAIN 20 38. CONFLICT OF INTEREST 20 39. PHOTOGRAPHY 20 40. HAZARDOUS SUBSTANCES 20 41. NONDISCRIMINATION 21 42. SECTION TITLES 22 43. LEASE IN COUNTERPARTS 23 44. ALCOHOLIC BEVERAGES 23 45. HEALTH CERTIFICATE 23 46. EMPLOYEE TRAINING 23 47. AGREEMENT IN WRITING 23 48. ALTERATIONS AND LIENS 23 49. INSTALLATION AND REMOVAL OF TRADE FIXTURES 24 50. UNREMOVED TRADE FIXTURES 24 51. RELOCATION AND ASSISTANCE 25 52. SURRENDER OF PREMISES 25 53. INSOLVENCY OF LESSEE 25 54. CUMULATIVE REMEDIES 25 55. WAIVER OF BREACH 26 56. FORCE MAJEURE -UNAVOIDABLE DELAYS 26 57. SECURITY DEPOSIT 26 58. EMERGENCY CLOSING OR CLOSING TO EFFECT REPAIR/ REMODELING THE PREMISES 27 59. DELIVERIES OF SUPPLIES 27 60. EMPLOYEE PARKING 27 61. NOTICE 27 62. ATTORNEY'S FEES 27 LEASE BETWEEN THE CITY OF HUNTINGTON BEACH AND MICHAEL ALI FOR VIC'S BEACH CONCESSION THIS LEASE ("Lease") is made and entered into effective heeelnhek 10 1999 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California(hereinafter referred to as "City"), and MICHAEL ALI (hereinafter referred to as "Lessee"). WHEREAS, City owns certain real property(hereinafter referred to as the "Premises"), described as Vic's Beach Concession, located in the City of Huntington Beach, and Lessee desires to lease the aforesaid Premises in the manner set forth below. NOW, THEREFORE, the parties covenant and agree as follows: SECTION 1. SUPERSEDING OF PRIOR LEASE This Lease shall supersede and replace any prior lease agreements for the Premises. SECTION 2. GRANTOR CONCESSION FOR THE PREMISES City, in consideration of the Lease hereinafter stated, grants to Lessee for the purposes stated herein, the right,privilege and duty to equip, operate, and maintain a nonexclusive concession at the Premises (hereinafter sometimes referred to as the"Concession"). The Premises are more particularly described in Exhibits "A" and`B" attached and hereby made a part of this Lease. The possessory interest herein given to Lessee does not exclude the general public from the Premises; however, the use by the general public is limited by the terms and conditions of the possessory interest given herein. This Lease is not intended to confer third party beneficiary status to any member of the public who is benefited by the terms of this Lease. 1 g1j mf/99agree/vics-al i/10/27/99 The Concession is subject to all valid and existing leases, licenses, encumbrances and claims of title which may affect the Premises, and the use of the word "grant"herein shall not be construed as a covenant against the existence of any thereof. SECTION 3. TERM This Lease shall commence at 12:01 a.m. on November 14, 1999, and shall continue as a month-to-month tenancy,unless sooner terminated as herein provided. SECTION 4. CONDITIONS OF PREMISES The taking of possession of the Premises by Lessee shall, in itself, constitute acknowledgment that the Premises are in good and tenantable condition. Lessee agrees to accept the Premises in its presently existing condition, "as is", and that City shall not be obligated to make any alternations, additions or betterments thereto. SECTION 5. QUITCLAIM DEED Upon expiration of this Lease, Lessee shall execute and deliver to City within thirty(30) days after service of written demand therefor, a good and sufficient quitclaim deed to the Premises. Should Lessee fail or refuse to deliver to City a quitclaim deed as aforesaid, a written notice by City reciting the failure of Lessee to execute and deliver this quitclaim deed as herein provided shall after ten (10)days from the date of recordation of the notice be conclusive evidence against Lessee and all persons claiming under Lessee of the expiration of this Lease. SECTION 6. RENT Lessee agrees to pay to City as rent for the use and occupancy of the Premises a sum equal to the following percentages of the amount of gross sales as defined in this Lease,made each month by Lessee in, on or from the Premises. 2 g1j mf/99agree/vics-al i/10/27/99 RESTAURANT BEACH RENTALS/FAST FOOD First $100,000 8.0 $1 - $100,000 10.5 $101,000 - $150,000 10.5 $101,000 - $200,000 12.5 $150,000 and over 12.5 $201,000 and over 14.5 The rent specified in this Section shall be paid by Lessee to City at 2000 Main Street, Huntington Beach, California, 92648, or at such other place or places as City may from time-to- time designate by written notice delivered to Lessee. Rent shall be paid within fifteen (15) calendar days after the end of the month during which the gross sales on which the rent was computed were made, or on the next business day if the fifteenth day falls on a weekend or holiday. A late charge of ten percent(10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent(1 1/2%) interest per month shall be added for each month payment hereunder is due but unpaid. SECTION 7. GROSS SALES DEFINED For the purpose of this Lease, the term "gross sales" shall mean the total selling price of all merchandise or services sold or rendered in, from or on the Premises or the Concession by Lessee, his sublessees or licensees whether for cash or on credit, and if on credit whether or not paid, and shall include, without limitation: (a) Proceeds from all automatic vending, weighing, and other machines owned and operated by Lessee in or on the Premises; (b) Commissions received by Lessee from such automatic vending, weighing, and other machines not owned by Lessee but operated in or on the Premises; (c) Commissions received by Lessee from the operation of public telephones in or on the Premises; 3 g:/j mf/99agree/vi cs-a I i/10/27/99 (d) Proceeds from sales based on orders solicited or taken from, in, or on the Premises for merchandise or services to be delivered or rendered off, or from sources outside the Premises; and (e) Proceeds from the renting of beach equipment of any kind from the Premises. SECTION 8. GROSS SALES EXCLUSIONS Notwithstanding the provisions of Section 7 of this Lease, the term "gross sales" shall not include the following items, and such items may be deducted from "gross sales" to the extent they have been included therein or have been included in a prior computation of"gross sales" on which a percentage of rental has been paid under this Lease to City: (a) Any sales or excise taxes otherwise includable in "gross sales" as defined in this Lease and which become part of the total selling price of merchandise or services rendered in, from, or on the Premises where Lessee must account for and remit the taxes to the government entity or entities by which they are imposed; and (b) Any transfer of merchandise from the Premises to the manufacturer or supplier from whom it was obtained by Lessee. SECTION 9. BOOKS AND RECORDS Lessee shall keep true and accurate books and records showing all of his business transactions in separate records of account for the Concession in a manner acceptable to City and City shall have the right through its representative and at all reasonable times, to inspect such books and records including State of California sales-tax return records, and Lessee hereby agrees that all such records and instruments are available to City. The books and records shall 4 g:/j mf/99agree/vics-ali/10/27/99 show the total amount of gross sales made each calendar month in, on, or from the Premises. Furthermore, Lessee shall at the time of sale and in the presence of the customer cause the full selling price of each piece of merchandise and each service rendered in, on, or from the Premises to be recorded in a cash register or cash registers that have cumulative totals and are sealed in a manner approved by City. Lessee agrees to maintain on the Premises for a period of three (3) years following the close of each calendar month all records and books of account and all cash register tapes showing or in any way pertaining to the gross sale made in, on, or from the Premises during such calendar month. SECTION 10. AUDIT OF GROSS SALES At the time specified in Section 6 of this Lease for the payment of the rent specified in that Section, Lessee shall deliver to City a true and accurate statement signed by Lessee or by an authorized employee of Lessee showing the total gross sales made during the preceding calendar month in, on, or from the Premises and the amount of rent then being paid calculated on such gross sales pursuant to this Lease. City may at any time within three (3) years after receiving the year-end profit and loss statement, at its own cost and expense, cause all books, records, and cash register tapes described in Section 9 of this Lease for the business year purportedly covered by the statement, to be audited by a public or certified public accountant selected by City. Lessee shall on receiving written notice of City's desires for such an audit deliver and make available all such books, records, and cash register tapes to the public or certified public accountant selected by City. Furthermore, Lessee shall promptly on demand reimburse City for the full cost and expense of the audit should the audit disclose that the questioned statement understated gross sales or the rent payable because of gross sales by five percent (5%) or more. City further 5 g:/j mf/99agree/vics-al i/10/27/99 reserves the right to examine all such books and records at any time during the one (1) year period following the termination of this Lease. SECTION 11. USE OF PREMISES Lessee shall use the Premises for the sale of food and beverages (non-alcoholic) and items of a similar nature usually sold at a beach refreshment stand; and for the rental and sale of beach equipment. Lessee, at his own expense, shall equip the Premises and shall keep the same equipped in a first-class manner throughout the term of this Lease. It is the intent of City that the Concession's services be provided in a manner to meet the needs of the visiting public and should City deem hours of operation inadequate to meet such needs City may require Lessee to adjust the Concession's schedule to a schedule provided by City. In the event of adverse weather or other operating conditions,the Director of Community Services of the City("Director") or his authorized representative, may permit Lessee to close at any time during the term of this Lease. Lessee shall not use or permit the Premises to be used in whole or in part during the term of this Lease for any purpose, other than as herein set forth, without the prior written consent of City first had and obtained. Lessee shall at all times faithfully obey and comply with all laws, rules and regulations applicable thereto adopted by federal, state or other governmental bodies or departments or officers thereof. This Lease is expressly subject to regulations and policies of the Director. All foods and beverages (non- alcoholic) sold directly on the beaches shall be sold in disposable paper containers. No pull-top cans or styrofoam containers are to be vended or dispensed from the Premises. City may from time to time review items sold and containers or utensils used or dispensed by Lessee and 6 g1j mf/99agree/vics-ali/10/27/99 wherever feasible, eliminate the use of non-returnable containers and plastics. City reserves the right to prohibit the sale or use of non-recyclable containers or plastics. SECTION 12. QUALITY OF SERVICE AND CONTROL OF RATES AND CHARGES Service to the public, with goods and merchandise of the best quality and at reasonable charges, is of prime concern to City and is considered a part of the consideration for this Lease. Therefore, Lessee agrees that he will operate and manage the services and facilities offered in a first-class manner, and comparable to other first-class concessions providing similar facilities and services, during the entire term of this Lease. Where such facilities are provided, Lessee agrees that he shall and will furnish and dispense foods and beverages (non-alcoholic) of the best quality and shall and will maintain a high standard of service at least equal to that of other establishments on City's beaches and/or adjacent communities and to those prevailing in such areas for similar products and services, and without discrimination. City shall have access to and the right to inspect the schedule of prices and rates for goods sold or services rendered or performed upon the Premises, and menus, lists,portion schedules, and schedules of prices in the restaurant or other food-serving activities of Lessee; and in the event that after Lessee has been advised and given a reasonable opportunity to confer with City and justify the prices or portions mentioned above, if.City shall determine any price or prices to be unreasonable or inappropriate for the services rendered, the item sold, or any portion or portions to be inadequate, the same shall be modified as directed by City. Lessee shall post rates and prices for all goods and services in such places as may be designated by City. City reserves the right to prohibit the sale or rental of any item which it deems objectionable,beyond 7 gljmf/99agree/vics-al i/10/27/99 • the scope of merchandise deemed necessary for proper service to the public, or of inferior quality. No pesticides, herbicides or fungicides may be used that are not approved in writing by the Director in advance of use. A competent person shall be on the Premises at all times while the Concession is in operation. If the on-site manager is other than Lessee, City reserves the right to approve such manager. SECTION 13. HOLD HARMLESS AGREEMENT Lessee shall protect, defend, indemnify and save and hold harmless City, its officers, officials, and employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with Lessee's performance of this Lease or Lessee's failure to comply with any of Lessee's obligations contained in the Lease by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, Lessee shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself as codefendant in such legal action, in which event City shall bear its own litigation costs, expenses and attorney's fees. In the event judgment is entered against City because of the negligence of City, its officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 8 g:/j mf/99agree/vics-ali/10/27/99 SECTION 14. WORKERS' COMPENSATION INSURANCE Lessee shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,policy limit. Lessee shall require all sublessees to provide such workers' compensation insurance for all of the sublessees' employees. Lessee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation insurance and Lessee shall similarly require all sublessees to waive subrogation. SECTION 15. INSURANCE In addition to the workers' compensation insurance and Lessee's covenant to indemnify City, Lessee shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Premises and the Concession. The policy shall indemnify Lessee and City, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Premises and the Concession, and shall provide coverage in not less than the following amount: combined single limit bodily injury,personal injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than $1,000,000 for the Premises. The policy shall name City, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any 9 g:/j mf/99agree/vics-a1i/10/27/99 • other insurance coverage which may be applicable to the Premises and Concession shall be deemed excess coverage and that Lessee's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Lessee to furnish insurance during the term of this Lease. SECTION 16. PROPERTY INSURANCE Lessee shall provide before entering the Premises and shall maintain in force during the term of this Lease, property insurance with extended coverage endorsements thereon, on the Premises in an amount equal to the full replacement cost and/or value thereof, this policy shall contain a replacement cost endorsement naming Lessee as the insured and shall not contain a coinsurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to City. The proceeds of any such insurance payable to City shall be used for rebuilding or repair as necessary to restore the Premises and at the discretion of City. The policy shall name City as an Additional Insured. This policy or policies shall also contain the following endorsements: 1. The insurer will not cancel or reduce the insured's coverage without thirty(30) days prior written notice to City; 2. City will 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 10 g:/j mf/99agree/vics-al i/10/27/99 prior to the expiration of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed, shall be filed with City. Upon request, Lessee shall furnish City a certified copy of the policy within fifteen(15) days. SECTION 17. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to execution of this Lease, Lessee shall furnish to City certificates of insurance and additional insured endorsements to each of Lessee's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Lease; these certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled, suspended, voided,reduced in coverage or in limits, or modified without thirty(30) days prior written notice of City; and shall state as follows: "The above detailed coverage is not subject to any deductible or self- insured retention, or any other form of similar type limitation." Lessee shall maintain the foregoing insurance coverages in force throughout the tern of this Lease. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of City by Lessee under the Lease. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance,which Lessee shall provide within fifteen(15) days of City's request. 11 g:/j mf/99agree/vics-al i/10/27/99 Lessee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. City shall not be responsible for premiums or assessments on the policies. SECTION 18. TAXES This Lease may create a possessory interest in public property which is subject to property taxation. In the event that such possessory interest is created, Lessee agrees to be subject to the payment of and to pay property taxes levied on such interest. Lessee agrees to pay the above and all other lawful taxes, assessments or charges which at any time may be levied by the State, County, City or any tax or assessment levying body upon any interest in this Lease or any possessory right which Lessee may have in or to the Premises covered hereby or the improvements thereon by reason of Lessee's use or occupancy thereof or otherwise, as well as all taxes, assessments, and charges on goods, merchandise, fixtures, appliances, equipment, and property owned by Lessee in, on, or about the Premises. Lessee shall comply with all laws, regulations and ordinances regarding the collection of taxes due a local government agency, and otherwise administer the same. Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any governmental entity on the furniture, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the Premises. SECTION 19. TITLE TO IMPROVEMENTS Except as stated below, Lessee hereby acknowledges the title of City in and to the Premises described in this Lease, including real property improvements existing or hereafter erected thereon,by Lessee, City or others, and hereby covenants and agrees never to assail, contest or resist this title. Title to improvements will remain in City upon any termination of this 12 g:/j mf/99agree/vics-ali/l0/27/99 Lease, and no sums whatsoever shall be paid to Lessee or any other person upon termination for default of any terms of this Lease. SECTION 20. PERSONAL PROPERTY IMPROVEMENTS Title to all personal property provided by Lessee and additions and betterments thereto made by Lessee shall remain in Lessee. SECTION 21. MAINTENANCE OF IMPROVEMENTS Lessee agrees to maintain the Premises in good order and repair at Lessee's own cost and expense during the entire term of this Lease. Lessee shall perform at his own cost and expense, any required maintenance and repairs including structural maintenance and landscape maintenance, and should Lessee fail, neglect or refuse to do so, City shall have the right to perform such maintenance or repairs for Lessee's account, and Lessee agrees to promptly reimburse City for the cost thereof,provided, however, that City shall first give Lessee ten(10) days written notice of its intention to perform such maintenance or repairs for Lessee's account for the purpose of enabling Lessee to proceed with such maintenance or repairs at his own expense. City shall not be obligated to make any repairs to or maintain any improvements on the Premises. Lessee hereby expressly waives the right to make repairs at the expense of City and the benefit of the provisions of Sections 1941 and 1942 of the California Civil Code relating thereto if any there be. Lessee expressly agrees, at all times during the term of this Lease and at his own cost and expense, to maintain and operate the Premises and areas adjacent to a distance of not less than fifty(50) feet, in a clean, safe,wholesome and sanitary condition free of trash, garbage or obstructions of any kind and in compliance with any and all present and future laws, general 13 g:/j mf/99agree/vics-ali/10/27/99 • rules or regulations of any governmental authority now or at any time during the term of this Lease in force relating to sanitation or public health, safety or welfare; and Lessee shall.at all times faithfully obey and comply with all laws, rules and regulations applicable thereto, adopted by Federal, State or other governmental bodies or departments or officers thereof. Lessee shall remedy without delay any defective, dangerous or unsanitary conditions. Lessee shall paint, stain or seal the Premises' stucco,trim, etc., a minimum of every two (2) years,unless it is determined by City in its sole discretion, that such work shall be done once every year. All exterior metal surfaces shall be painted no less than once each year except the roof. Any and all graffiti shall be removed by Lessee at his own expense from the Premises within forty- eight (48)hours of notice thereof. Lessee shall not obstruct, cause or permit any obstruction surrounding the Premises or any part thereof in any manner whatsoever. Lessee shall comply with all written notices served by City with regard to the care and maintenance of the Premises. Any written notice hereunder shall specify the work to be done, the estimated cost thereof, and the period of time deemed to be reasonably necessary for completion of such work. Should Lessee fail to comply with City's written notice within fifteen (15) days, or within a time deemed reasonably necessary of the time specified therein, Lessee shall pay to City the estimated cost of such work as set forth in the notice. Upon receipt of such sum, City shall then proceed to cause the required work to be performed. In the event that modifications or additions to the Premises are desired, including changes to structural design, landscape design or interior or exterior furnishings,the approval in writing of City shall first be had and obtained prior to such modification or addition. 14 g:/j mf/99agree/vics-al i/10/27/99 SECTION 22. WASTE OR NUISANCE Lessee shall not commit or permit the commission by others of any waste on the Premises; Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises; and Lessee shall not use or permit the use of the Premises for any unlawful purpose. SECTION 23. MAINTENANCE OF WINDOW GLASS Lessee shall, at his own cost and expense, repair and replace any glass in any window on the Premises that becomes broken,regardless of cause, including window glass that is broken by fire,by act of God, except by fault of City, or by fault of some employee or agent of City. Should Lessee fail to repair or replace any glass broken in a window, City may replace or repair the broken glass and Lessee will promptly reimburse City for the cost thereof and pay City interest on such costs at the rate of ten percent(10%)per annum from the date the costs were incurred by City to the date they are reimbursed to City by Lessee. SECTION 24. UTILITIES AND SERVICES Lessee shall be responsible for the payment of all utility charges, including furnishing all necessary refuse and garbage containers and removal and disposal of all rubbish, refuse and garbage resulting from operation of the Premises. All such rubbish, refuse and garbage removed shall be disposed of in accordance with applicable laws and local ordinances. All trash containers and/or trash bins shall be adequately screened to the satisfaction of the Director. For the purpose of this Section, sewage disposal shall be construed as a utility. 15 g:/j mf/99agree/vics-ali/10/27/99 SECTION 25. SIGNS, ADVERTISING AND APPROVAL OF NAME City shall have the right to approve and at any time require Lessee to change or remove signs;names, placards or advertising matter inscribed,painted or affixed upon the Premises. SECTION 26. INSPECTION OF PREMISES City hereby reserves the right to enter upon the Premises occupied by Lessee at any reasonable time to inspect the same. City shall also have the right of ingress and egress to inspect, investigate and survey the Premises as deemed necessary, and the right to do any and all work of any nature necessary for preservation,maintenance and operation of City's property. Lessee will be given reasonable notice when such work may become necessary and shall adjust operation of the Premises in such a manner that City may proceed expeditiously. SECTION 27. BREACH OF LEASE This Lease is made upon the condition that if the rents or other sums which Lessee herein agrees to pay or any part thereof shall be unpaid on the date on which the same shall become due, or if breach be made of any of the terms, agreements, conditions or covenants herein contained on the part of Lessee, or should Lessee become insolvent or bankrupt either voluntarily or involuntarily, then, and in such event at the option of City, this Lease shall cease and terminate and City may enter upon and take possession of the Premises and Lessee shall vacate the Premises within thirty(30) days after notice that this Lease is terminated and Lessee agrees to pay all costs incurred by City in its taking possession of the Premises. Except for the payment of rent, Lessee will have thirty(30) days to cure a breach or if more than thirty(30) days is necessary to cure a breach, Lessee, upon the written concurrence of City,will faithfully and timely commence to cure such breach. Notwithstanding any other breach of Lease 16 g:/j mf/99agree/vi cs-al i/10/2 7/99 provisions, should Lessee create or allow to be created a nuisance on the Premises, City at its discretion may immediately declare this Lease and all rights therein terminated. SECTION 28. WITHOUT CAUSE TERMINATION Notwithstanding any other provision in this Lease and in addition to any other remedy available to City, City shall have the option to terminate without cause this Lease upon thirty (30) days written notice to Lessee SECTION 29. INTERPRETATION OF LEASE This Lease is made under and is subject to the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. SECTION 30. SUBLEASING OR ASSIGNING AS BREACH Lessee shall not encumber, assign, or otherwise transfer this Lease, any right or interest in this Lease, or any right or interest in the Premises or any of the improvements that may hereafter be constructed or installed on the Premises without the express written consent of City first had and obtained. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee's agents, servants, and employees,to occupy the Premises or any part thereof without the prior written consent of City. A consent by City to one assignment, one subletting, or one occupation of the Premises by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of the Premises by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of City,whether it be voluntary or involuntary,by operation of law or otherwise, is void and shall, at the option of City, terminate this Lease. The consent of City to any encumbrance, assignment including occupation or transfer hereof of Lessee's interest in this Lease or the 17 g:/j mf/99agree/vi c s-al i/10/27/99 0 0 1 subletting by Lessee of the Premises or parts of the Premises shall not be unreasonably withheld; however, City shall have the right of first refusal in connection with any assignment, sale, sublease or transfer hereof and agrees to exercise or refuse such right in writing within thirty(30) days of notice by Lessee. Such right shall not apply, however, to assignments, transfers, or sublettings to immediate family members of Lessee, a family trust, or to any corporate entity of which Lessee, or any of Lessee's immediate family, are sole stockholders. SECTION 31. ASSIGNMENTS (a) Assignment Without Consent Prohibited: No transfer, assignment or corporate merger by Lessee that affects this Lease or of any part thereof or interest therein, directly or indirectly, voluntarily.or involuntarily, for purposes of security or otherwise, shall be made unless such transfer, assignment or corporate merger is first consented to in writing by City, which shall not be unreasonably withheld. (b) SubConcessions: With the prior written consent of City,portions of the Premises may be operated by others. The following conditions must be met: (1) The sub-tenant must be fully qualified. (2) The sub-tenant understands that its interest is taken under this Lease. SECTION 32. WAIVER OF CLAIMS Lessee hereby waives any claim against City, its officers, agents or employees for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this Lease, or any part thereof or by any judgment or award in any suit or proceeding declaring this Lease null, void or voidable or delaying the same or any part thereof from being carried out. 18 g1j mf/99agree/vics-ali/10/27/99 SECTION 33. RIGHT OF ENTRY AS AGENT In any case in which provision is made herein for the termination of this Lease by City or in the case of abandonment or vacating of the Premises by Lessee, City, in lieu of declaring a forfeiture, may enter upon the Premises. To such end, Lessee hereby irrevocably appoints City or its agent to remove any and all persons or property on the Premises and place any such property in storage for the account of and at the expense of Lessee and to relet the Premises. In such case, City may relet the Premises upon such terms as it may deem proper, and if a sufficient sum shall not be realized thereby, after paying expenses of such reletting, to satisfy the rent and other sums herein agreed to be paid by Lessee, Lessee agrees to save City harmless from any loss or damage or claim arising out of the action of City in pursuance of this Section. SECTION 34. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this Lease shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 35. DURATION OF PUBLIC FACILITIES By entering into this Lease, City makes no stipulation as to the type, size, location, or duration of public facilities to be maintained on City's property, or the continuation of public ownership thereof,nor does City make any guarantee regarding the tentative projections in any prospectus furnished to Lessee at any time. SECTION 36. TIME OF ESSENCE Time shall be of the essence in the performance of this Lease. 19 g:/jmf/99agree/vics-a1 i/10/27/99 SECTION 37. EMINENT DOMAIN If any property described herein or hereinafter added hereto, is taken in eminent domain, �.. the entire award shall be paid to City. SECTION 38. CONFLICT OF INTEREST Lessee warrants and covenants that no official or employee of City nor any business entity in which an official or employee of City is interested (1)has been employed or retained to solicit or aid in the procuring of this Lease; or(2)will be employed in the performance of this Lease without the immediate divulgence of such fact to City. In the event City determines that the employment of any such official, employee or business entity is not compatible with such official's or employee's duties as an official or employee of the City of Huntington Beach, Lessee,upon request of City, shall terminate such employment immediately. For breaches or violation of this Section, City shall have the right both to annul this Lease without liability, and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. SECTION 39. PHOTOGRAPHY City may grant permits to persons or corporations engaged in the production of still and motion pictures and related activities, for the use of the Premises for such purposes when such permission shall not interfere with the primary business of Lessee. SECTION 40. HAZARDOUS SUBSTANCES No goods, merchandise or material shall be kept, stored or sold in or on the Premises which are in any way explosive or hazardous; and no offensive or dangerous trade,business or occupation shall be carried on therein or thereon, and nothing shall be done on the Premises, 20 g1jmf/99agree/vics-al i/10/27/99 other than as is provided for in this Lease, and no machinery or apparatus shall be used or operated on the Premises which will in any way injure the Premises or adjacent buildings. Provided however,that nothing in this Section shall preclude Lessee from bringing,keeping or using on or about the Premises such materials, supplies, equipment and machinery as are appropriate or customary in carrying on his business or from carrying on his business in all respects as is generally usual. Gasoline and oils shall be stored, handled and dispensed as required by present or future regulations and laws. SECTION 41. NONDISCRIMINATION Lessee and his employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person by refusing to furnish such person any accommodation, facility,service or privilege offered to or enjoyed by the general public. Nor shall Lessee or his employees publicize the accommodation, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, ancestry, sex, age, national origin or physical handicap. In the performance of this Lease, Lessee will not discriminate against any employee or applicant for employment, because of race, color,religion, ancestry, sex, age, national origin or physical handicap. Lessee will take affirmative action to ensure that applicants are employed and that employees are treated during employment,without regard to their race, color, religion, ancestry, sex, age, national origin or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 21 gJjmfl99agree/vics-al i/l 0/27/99 selection for training, including apprenticeship. Lessee shall post in conspicuous places, available to employees and applicants for employment,notices to be provided by City setting forth the provisions of this Fair Employment Practices Section. Form 809, Equal Employment Opportunity Poster,may be used. Lessee will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices Section of this Lease. City may determine a willful violation of the Fair Employment Practices Section to have occurred upon receipt of a final judgment having that effect from a court in an action to which Lessee was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that Lessee has violated the Fair Employment Practices Act and has issued an order, under the Labor Code, which has become final, or obtained an injunction under the Labor Code. In the event of violation of this Section, City will have the right to terminate this Lease, and any loss of revenue sustained by City by reason thereof shall be borne and paid for by Lessee. SECTION 42. SECTION TITLES The section titles in this Lease are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this Lease or in any way affect this Lease. 22 g:/j mf/99agree/vi cs-al i/10/27/99 SECTION 43. LEASE IN COUNTERPARTS This Lease may be executed in counterparts, each of which shall be deemed an original. SECTION 44. ALCOHOLIC BEVERAGES Notwithstanding anything to the contrary,the sale of alcoholic beverages on the Premises is expressly forbidden. SECTION 45. HEALTH CERTIFICATE Lessee shall file with the Director a certificate showing that within the last two (2) years, every person employed in the operation of the Premises has been examined and has been found to be free of communicable tuberculosis. SECTION 46. EMPLOYEE TRAINING All employees involved in the operation of the Premises are to receive an orientation on the local points of interest, which will be sufficient to permit such employees to reply adequately to inquiries from the visiting public. This employee orientation program is subject to the approval of the Director. SECTION 47. AGREEMENT IN WRITING This Lease contains and embraces the entire agreement between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any agreement between the parties unless such agreement be expressed in writing, signed and acknowledged by City and Lessee, or their successors in interest. SECTION 48. ALTERATIONS AND LIENS Lessee shall not make or permit any other person to make any alterations to the Premises without the written consent of City. Lessee shall keep the Premises free and clear from any and 23 g:/j mf/99agree/vics-ali/10/27/99 all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises at the instance or request of City. Furthennore, any and all alterations, additions, improvements, and fixtures, except furniture and trade fixtures, made or placed in or on the Premises by Lessee or any other person shall on expiration or sooner termination of this Lease become the property of City and remain on the Premises provided, however, that City shall have the option on expiration or sooner termination of this Lease of requiring Lessee, at Lessee's sole cost and expense, to remove any or all such alterations, additions, improvements, or fixtures from the Premises. SECTION 49. INSTALLATION AND REMOVAL OF TRADE FIXTURES Lessee shall have the right at any time and from time to time during the term of this Lease and any renewal or extension of such term, at Lessee's sole cost and expense, to install and affix in, to, or on the Premises such items,herein called "trade fixtures", for use in Lessee's trade or business as Lessee may, in his sole discretion, deem advisable. Any and all such trade fixtures that can be removed without structural damage to the Premises or any building or improvements on the Premises shall remain the property of Lessee and may be removed by Lessee at any time prior to the expiration or sooner termination of this Lease. SECTION 50. UNREMOVED TRADE FIXTURES Any trade fixtures described in this Lease that are not removed from the Premises by Lessee within thirty(30) days after the expiration or sooner termination, regardless of cause, of this Lease shall be deemed abandoned by Lessee and shall automatically become the property of City as owner of the real property to which they are affixed. Notwithstanding anything else in this Lease,where the Lease has been terminated due to a breach on the part of Lessee, under any 24 g:/jmf/99agree/vics-a1 i/10/27/99 terms of this Lease, City shall not be obligated to purchase any improvements made by Lessee or to pay Lessee before or after taking possession of the Premises. SECTION 51. RELOCATION AND ASSISTANCE In the event this Lease is terminated, Lessee shall not be entitled to any relocation rights or benefits, and Lessee expressly waives such benefits and rights under City, State or Federal Relocation Assistance Plans. SECTION 52. SURRENDER OF PREMISES On expiration or sooner termination of this Lease, or any extensions or renewals of this Lease, Lessee shall promptly surrender and deliver the Premises to City in as good condition as they are now at the date of this Lease, reasonable wear and tear and repairs herein required to be made by City excepted. SECTION 53. INSOLVENCY OF LESSEE The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee or of the Premises, or the making of a general assignment for the benefit of creditors by Lessee,or the filing of a petition in bankruptcy shall terminate this Lease and entitle City to re-enter and regain possession of the Premises. SECTION 54. CUMULATIVE REMEDIES The remedies given to City in this Lease shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Lease. 25 g1j mf/99agree/vics-al i/10/27/99 SECTION 55. WAIVER OF BREACH The waiver by City of any breach by Lessee of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this Lease. SECTION 56. FORCE MAJEURE -UNAVOIDABLE DELAYS Should the performance of any act required by this Lease to be performed by either City or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused; provided,however, that nothing contained in this Section shall excuse the prompt payment of rent by Lessee as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of the party, City or Lessee, required to perform the act. SECTION 57. SECURITY DEPOSIT Upon execution hereof, Lessee shall pay and maintain at all times, a security deposit with City in a sum of not less than Five Thousand Dollars ($5,000)to guarantee all of Lessee's obligations and duties under the Lease, including but not limited to the repair and maintenance of the Premises as provided hereinabove. Such deposit shall be in the form of cash or an assignment of certificate of deposit or savings account. The form of any such assignment shall be approved by the City Attorney. The interest accrued on the deposit shall be paid to Lessee annually. 26 g:/jmf/99agree/vics-ah/10/27/99 • SECTION 58. EMERGENCY CLOSING OR CLOSING TO EFFECT REPAUVREMODELING THE PREMISES City may close the beach without liability therefore at any time it deems necessary for the protection of life, limb or property, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by City. SECTION 59. DELIVERIES OF SUPPLIES. City may establish the days and times deliveries of supplies may be made and advise Lessee in writing thereof. SECTION 60. EMPLOYEE PARKING. City may establish the days and times when Lessee and Lessee's employees and the number of automobiles,trucks, and other motorized and non-motorized vehicles may park and where and advise Lessee in writing thereof. SECTION 61. NOTICE. Any written notice, given under the terms of this Lease, shall be either delivered personally or mailed, certified mail,postage prepaid, addressed to-the party concerned, as follows: CITY OF HUNTINGTON BEACH: LESSEE: Ron Hagan Michael Ali Director of Community Services 19102 Beachcrest Lane City of Huntington Beach Huntington Beach, CA 92646 2000 Main Street,P.O. Box 190 Huntington Beach, CA 92648 SECTION 62. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Lease or to secure the performance hereof, each party shall bear its own attorney's fees. 27 g1j mf/99agree/vics-ali/10/27/99 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by and through their authorized officers the day, month and year first above written. LESSEE: CITY OF HUNTINGTON BEACH, MICHAEL ALI a municipal corporation of the State of California By: C' Michael Ali Mayor ATTEST: APPROVED AS TO FORM: City'Clerk City Attorney /- 3° A 40 REVIEWED AND APPROVED: INITIATED APPROVED: Ci Administrator 01rector o Community Services 28 g:/jmf/99agree/vics-ali/10/27/99 EXHIBIT A LEGAL DESCRIPTION OF BEACHFRONT LEASE TO VIC ' S BEACH CONCESSION Beginning at the southerly corner of block 101 of the Huntington Beach Tract in the City of Huntington Beach, county of Orange, State of California, as shown on a map recorded in book 51, page 14 of Miscellaneous Maps, in the. Office of the County Recorder of said County. Thence south 48021'42" east 50.00 feet along the northeasterly right of \-rah/ of Pacific Coast Highway; thence south 4 J 038'18" "pest 255.07; thence south 54037'22" east 444.78; thence north 3522'32" east 10.00 feet to the true point of beginning. Thence north 35022'32" east 34.97 to a point in a non-tangent curve, said curve being concave to the northwest and having radius of 28.00 feet, a radial line of said curve through said point bearing south 12014' 34" west; thence easterly and northerly .along said curve through a central angle of 32042' 18" an arc distance of 15.98 feet to a point in a non-tangent curve to the end of said curve, a radial line through said end bearing south 20027'44" east; thence south 54037'28" east 2.83 feet; thence north 35022'32" east 10.00 feet; thence south 54 .37'28" east 1U9.00 feet; thence south 35°2232" west 55.00 feet; thence north 54°37'28" vest 124.00 feet to the point of termination. 1720g/2 PL SLY COR, 7 5 H.B. TR.I FIRST STREET PL. O N 4 8_ 21' 4 f W 50' N. �t i W PACIFIC . COAST HWY. °' = m 0 t U. W, U►- �� 'NI M4 W W o 0 �\ 'NI •NI a' oil 2p� i 1 W 0. ' 28 t W Wm `'IO,5 0 A= 32. 42• 18" QR= 28.00 o0 0 hLA.■ 15.98 �, 8Wl '' 2.8354 o. ... .� r.S4• 3�. 28'w . z • 444.78 - N 5 4 '57 2 S. 1 BEACHFRONT LEASE THE CITY OF HUNTINGTON BEACH CALIFORNIA 1 V /-7 aoon ACORDTM ,CERTIFICAT F LIABILITY:INSU =E f ' - 09/16/1999 - DUCER (310)393-9477 FAX (310)3 -7186 THIS CERTIFICATE IS ISS AS A MATTER OF INFORMATION to & Company Insurance Inc / C�ee� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Box 70 7/a xw F le 440 , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ita Monica, CA 90406-0070 COMPANIES AFFORDING COVERAGE COMPANY Penn America :i: Tewanna Wade CISR l� Ext: 51 1RED %y (—D Mike Ali COMPANY State Compensation Ins Fund //''�� e DBA: Zack Too/Zack Pier Plaza/Vi cs 02a, "" �) __.__.___......_... _- 19105 Beach Crest Lane #C Abw'�v/ COMPANY Huntington Beach, CA 92646 - - - - COMPANY D IVERAGES 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 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 BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION. LIMITS DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S 1,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 PAC6111885 06/04/1999 06/04/2000 OWNER'S&CONTRACTOR'S PROT- - EACH OCCURRENCE S 1,000,000 .. -. .. _.. .. FIRE DAMAGE(Any one fire) S 100,000 MED EXP(Any one person) S 1,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - S ANYAUTO THE PARTIES SPECIFIED HEREUNDER AGREE THAT - -- - -- ALLOWNEDAUTOS ALL REQUIRED NOTICES ARE THE RESPONSIBILITV130DIperson)INJURY S SCHEDULED AUTOS OF THE "COMPANIES AFFORDING COVERAGE". THE HIRED AUTOS BODILY INJURY PRODUCER WHETHER AN AUTHORIZED REPRESEN-(Per accident) NON-OWNED AUTOS 5 TATIVE OR NOT, BEARS NO RESPONSIBILITY FOR ANY NOTICE. PROPERTY DAMAGE S GARAGE LIABILITY I �r y,- '1:% `� �i� �� .'AUTO ONLY-EA ACCIDENT S .. .. - ANY AUTO ; 0'_1 OTHER THAN AUTO ONLY: G•. EACH ACCIDENT 5 - AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S .:.-� kttorne9 UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S WC OTH- WORKERS COMPENSATION AND TORY LA TU- _. . IMITS ER E0..PLOYERS'LIABILITY 151498599 08/01/1999 08/01/2000 EL EACH ACCIDENT s 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT S 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S 1,000,000 OTHER :CRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Y OF HUNGTINGTON BEACH ITS AGENTS, OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL AS REPECTS PREMISE ,SED TO NAMED INSURED AT 21003 PACIFIC COAST HWY :XCEPT 10 DAY NOTICE OF CANCELLATION SHALL APPLY FOR NON-PAYMENT OF PREMIUM .RTIFICATE HOLDER r > ANCELLATION C , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILLX MAIL ATTN: RISK MANAGEMENT 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, COMMUNITY SERVICES DEPARTMENT D()1�f�(d1�(12OQ�(11€)41d)b)�Il(dI�Q4K?Q�CXX 2000 MAIN STREET ?d�CDk)kXdA6�(JkII48( d4Xkx&bJii4XD4lf�CXXXXXXXX HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENTATIVE ORD 254S(1195) ©AC D.CORPORATION 198 11/1Qbiryf1999 11:15 3103939838 WHITE AND COMPANY PAGE 02 'r'. AC-0R 0 I 1 DATEIMM10wYYI I dr::., .,wm-n.iN•<.Ikl , 1 U116/1999 THIS 15 EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED,IS IN FORCE.AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODU69A P NE . (. .,No.E (310)�j9 -9 77 COMPANY 4hite & Company Insurance Inc � 1pill Llr' �Q24�f Penn America ' 0 Box 70 F/e MD. V/ Goo-.3 Tanta Monica, CA 90406-0070 cvjopn✓eaL i.X�/s 1 ;ODE: SUS CODE: 6 Q GENCr :UBTOMER ID w: 00007547 cn fib �SURED L AN NUMBER POLICY NUMBER Mike Ali PAC6111885 DBA: Zack Too/Zack Pier Plaza/Vacs EffECTIYE GATE EXPIRATION DATE CONTINUED UNTIL 19105 Beach Crest Lane #C 06/04/1999 06/04/2000 TERMINATEOIPCHECKED Huntington Beach, CA 92646 TNIS REPLACES PRIOR EVIDENCE DATED: PP��1QQ ... -. -I:+{liit4 1p •i:n, dl,L1f±1k'. :14dlimi i.:,: Nii!.: Ik:it:. I i:- i IWllk b... $�Ill{I:....{ u.� W , �NIXON." �CATIONLEOC OUV82 Bldg 00001 21003 PACIFIC COAST HWY HUNTINGTON BEACH, CA 92648 COVERAGE/PERILS/FORMS I AMOUNT OF INSURANCE DEDUCTIBLE BUILDING, FIRE ECE V&MM BASIC FORM 200,000; 1,000 APPROVE''D AS TO FORM: � GAIT, HUTTO11, Ci ty Attorney ,By;. De uty A4 tv Attu n 3a)9q ' w 'yen " . u4 (� lalvl 4 ' u M�1hll��' ;:, ,- l; Ct�., ti.:- ,, {�,'�.I;� � l i:�l r:.I I�f�ckl:•t r•t•I �,,41„1>G1 "i�; ',EXCEPT 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT I � � II''.�',h0,, - ,:,;I hl�. . a '..:cGl r�i; ;:,1 h I-�',�- L •. wa i: I I THE POLICY IS SUBJECT TO THE PREMIUMS,FORMS,AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED,THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30t DAYS WRITTEN NOTICE,AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ME AND ADDRE33 MORTGAGEE X 'ADDITIONAL INSURED CITY OF HUNTINGTON BEACH X LOSS PAYEE ATTN: RISK MANAGEMENT LOAN* COMMUNITY SERVICES DEPARTMENT 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENTATIVE t Dennis E. White K I i ...r,;iae. ;i I i , .i:• rem H41 n i �I i i I ;I.�I n_�li „ • i I,.n,l.,,i nNmi 4 !u {V .I I. 11/29/1999 10:17 3103939838 WHITE AND COMPANY PAGE 02 ENDORSEMENT PENN AMERICA INSURANCE COMWANY NO. 02 ATTACED TO ADD ENDORREMENT IFPICTIVE FOnIN: A PAR? Of (STANDARD TINT) POLICY NUMBER N0. DAY YR. ?Zr01 INRURED PRODUCER AND CODE A.N. IMIRS ALI PAC6111995 09 09 99 X DSA: ZACK T00/2MM PI911 PLAZP,/VICS N&G * 7079 Additional Amounts Premium 5 11116. 00 Total $ 1, 116 .00 IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $1,116 . IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING COVERAGE IS ADDED TO THE COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS: LOC #2-1: 21003 PACIFIC COAST HWY, , HUNTINGTON REACH, CA LIMIT OF COVERED . PREM BLDG COVERAGE INSURANCE CAUSES OP LOSS COINS RATE PREMIUM 2 1 BUILDING $200, 000 BASIC 90 .76 $1,520 REPLACEMENT COST: X NEW ADVANCED PREMIUM: $10, 020. FORM CP101D (1091) ATTACHED HERETO FORMS PART OF THE POLICY. THE FOLLOWING IS ADDED AS LOSS PAYEE PER FORM CP1218 CITY OF HUNTINGTON BEACH ATTN: RISK MANAGEMENT COMMUNITY SERVICES DEPT 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 P/R 0,734 DATE 111-24-99 loop ezerza-01�� RA AwhOriaed Rep► entot vv -INSURED- MiKa L00® NONN2no v 9SI'I8 YYd 9Z.fT 88//Z/11 NOU-29-1999 10:18 3103939939 97% P.02 11/29/1999 10:17 31(53939838 WHITE AND COMPANY PAGE 03 PAC6111885 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CP12181091 LOSS PAYABLE PROVISIONS This endorsement modules insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUILDERS'RISK COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM STANDARD PROPERTY POLICY SCHEDULE Description talons AgoNssibb _ Prom. Bldg of Loss Payee Loss Lander's Contract No. No. Propmly (Name&Address) Payable Loss Payable of Sale 2 1 21003 PACE]C COAST HWY, H.B., X 'FRAME" BLDO OCCUPIED AS CONCESSION STAND CITY OF HUNTINGTON BEACH•RISK MNGT 2000 MAIN ST. HUNTINGTON BEACH,CA 92648 A. When this endorsement Is attached to the STAN- a Mortgage. deeds of trust or sewrfly agree DARD PROPERTY POLICY CP 00 99 fife term meets. Coverage Part in this endorsement Is replaced by 2. For Covered Properly In which both you and a the term Policy. Loss payee have an insurable IMOrasBt: The following is added to the LOSS PAYMENT Loss a. We will for covered loss or damage to Condition, as Indicated in the Declarations or by an "X" pay each Lose Payee In their ostler of prece- in the SMedula aence, as Interests may appear. 0. LOSS PAYABLE b. The Loss Payee has the right to receive loss For Covered Property In which both you and a Loss payment even if the Less Payee has started Payee shown in the Schedule or in the Declarations foreclosure or similar action on the Covered have an insurable Interest,we will: Property. 1. Adjust losses with you:and c. if we deny your claim because of your sass 2. Pay any claim for loss or damage jointly to you or because you have failed to comply with and the Loss Payee,as Interests may appear. the terms of the Coverage Part, the Loan Payee will still have the C. LENDER'S LOSS PAYABLE payment If the Loss Payee: to receive loll$ : I. The Loss Payee shown in the Schedule or In the (1) Pays any premium due under this . Declarations Is a creditor, Including a Coverage Part at our rstpustsst If you have mortgageholder or trustee, whose Interest in failed to do so; Covered Property Is astabllshed by such written (2) Submits a sigAW. room proof of loss Instruments as: within 80 days after receiving notice a. Warehouse receipts; from us of your fallure to do so;and b. A contract for deed; (a) Has notified us of any change In owner- s. Bills of lading; ship,occupancy or substantial change in risk known to the Loss Payee. d. Financing statements: or CF 451 (10.91) Copyright,ISO Commei aW Risk Savions.Inc.,1963.1WO Page I of 2 CP 12 18 i091 9001� NONN315 V 55r19 —ZH,�t7tz:6T nRieziTT NOU-29-1999 10:19 3103939838 96% P.03 11/29/19,39 10:17 3103939838 WHITE AND COMPANY PAGE 04 - _ ............ All of the terms of this Coverage Part will cancefiatlon if we cancel for any other then apply directly to the Loss Payee. reason. d. If we pay the Loss Payee for any loss or 4. If we elect not to renew this policy,vm.will give damage, and deny payment to you bsoause written notice to the Loss Payee at least 10 days of your acts or because you have failed to before the expiration date of this policy. comply with the term*of this Coverage Part: D. CONTRACT OF BALE (1) The Loss Payee's rights wilf be crone- The Loss Payee shown In the Schedule or In the ferred to us to the extent of the amount Declarations is a person or organizstlon you we pay;and have ant and a contract with for the saie of (2) The Loss Payee's right to recover the Covered Property. full amount of the toss Payees claim 2. For Covered Property in which both you and the wig not be Impaired. LO$S Payee have an Insurable Interest,we will: At our option,wC may pay to the Loss Payee a. Adjust losses wKh you; and the whole principal on the debt plus any at- trued Interest. In this event, you will pay b. Pay any claim for lass or damage jointly to your remaining debt to us. you ana the Loss Payee. as Interests may 3. If we cancel this policy, we will give written appear' notice to the Loss Payee at least: 3. The following Is added to the OTHER IN8UR- a. 10 days before the effective date of ANCE Condition: cancellation If we cancel for your For Covered Property, that is the subject of a nonpayment of premium:or contract of sale, the word "you" includes the b. 30 days before the effective date of Loss Payee. Pape 2 eR 2 Capftht,iso cewomnml Risk soman,Inc., I M.19N CP del(10.01) CP 121e 1091 Loop NONM315 I SS119 Tv.7 �'lTl1^'�aR/b7JTT NOU-29-1999 10:19 3103939838 98% P.04 A TTA CHMENT 2 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 7, 2000 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find a Quitclaim Deed between Kenneth M. Nitzkowski and Barbara E. Nitzkowski and the City of Huntington Beach to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the Quitclaim Deed when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: Quitclaim Deed NitzkowskiNic's Beach Concession G/Followup/deedltr (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated October 11, 1999, from Kenneth M.Nitzkowski and Barbara E. Nitzkowski/Vic's Beach Concession to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: January 7, 2000 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: _a Jaq610. Case D ty gAfollowup�deedcert/deed 5702/State (Telephone:714-536.5227) RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH P 0 BOX 190/2000 MAIN STREET HUNTINGTON BEACH CA 92648 QUITCLAIM DEED THIS QUITCLAIM DEED is made and entered into this Q D 7k day of 1999, by and between Kenneth M. Nitzkowski and Barbara E. Nitzkowski (collectively 'Grantor") and the City of Huntington Beach,a municipal corporation of the State of California("Grantee"). . .. RECITALS WHEREAS, Grantor was the lessee of certain property located in the City of Huntington Beach, County of Orange, State of California,known as Vic's Beach Concession (the "Property") under that certain Lease Between the City of Huntington Beach and Kenneth M. Nitzkowski and Barbara E. Nitzkowski for Vic's Beach Concession, dated February 1, 1999 by and between Grantor, as lessee, and Grantee, as lessor(the "Lease"); and WHEREAS, it is Grantor's belief that Grantee is the owner of the Property ; and WHEREAS, Grantor and Grantee have terminated the Grantor's lease with Grantee and Grantee has taken possession of the Property as of September 20, 1999. NOW, THEREFORE, for valuable consideration, the tender, receipt and sufficiency of which are hereby acknowledged, Grantor does hereby remise, release and forever quitclaim to Grantee its interest to the Property to the extent acquired under the terms of the Lease. 01 Dated: a- l i , 1999 BY: - .TH M.N=OWSKI / BY: BARBARA E.N=OWSKI E`lcrney This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code- Sec. 6103 and should be recorded I free of charge. Ti?5; -,�,�.y.:�-,_;^.�„►; .: Tax-Exempt-Govomn?entAgency d'��_,,...._ 4 y:r;l� s „t Er-ACH Quitclaim Deed/100999 , . �' or tf7a CiT`(®�=HL4;l,T��.i^a i�;v NT7JSTMT �?;3^ �'.� !e ercckvf• Ci' C!zrk _ =Y� •l �_- _ .s..... :.goo : BY: ; ;�;; 2 :: z1 ba recorded eputy City Clet:c ACKNOWLEDGMENTS STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On this 11th day of October , 199___, before me, personally appeared Kenneth M. Nitzkowski persow%R)t ix;,*,ac=,Qr proved to me on the basis of satisfactory evidence to be the person(X)whose name(*is/amsubscribed to the within instrument and acknowledged to me that he/skuhdmyxxecuted the same in hisjadj&jk authorized capacity(ij§), and that by hi s/hUAM4 signature(Ag on the instrument, the person(*or the entity upon behalf of which the person(o acted, executed the instrument. IN WITNESS WHEREOF, I have a met my h4nd and notarial se 'mil✓�hL/," cti ELEAN)R J.Sh" Notary Public, r' O -County, Commission M 122W I L a No'ary PublIc--Califo..-nio State of CALIFORNIA; / orange County - My commission expires: July 30, 2003 My Comm.Expires Jut 30,20C3 STATE OF CALIFORNIA ) $S. COUNTY OF ORANGE ) On this 11tbday'of October , 199___,.before.me, personally appeared Barbara E. Nitzkowski paxwR1byA=wxXgmmr proved to me on the basis of satisfactory evidence to be the person(4 whose name( is/are subscribed to the within instrument and acknowledged to me that he*he/t1W executed the same in HM/her/Mf authorized capacity( , and that by WAer/t ip signature(l) on the instrument_,the person() or the entity upon behalf of which the person(s�acted, executed the instrument, IN WITNESS WHEREOF,I have heret my and and no seal. HE�rioR SNYaH /. .otar� 'bltc, County, Commission#12SMi Z State of CALIFORNIA �. No•aryPua�iC--Calilbmia My commission expires: Jthly 30, 2003 0,a-•ge County My Comm.ixc•es:u!30,2003 Quitclaim Deed/100999 NTZ/STMT RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: APPROVE LEASE WITH MICHAEL ALI FOR VIC'S CONCESSION COUNCIL MEETING DATE: December 20, 1999 . ...... ........ RCAATTACHMENTS .: STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement Unbud et, over$5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: .: — P� - Only)(Below Space For City Clerk's Use RCA Author. CITY OF HUNTINGTON BEACH .� INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway,City Clerk ' Office of the City Clerk To: Date: D�Meeting Date: Agenda Item: Approved City Council Agenda Items: The City Clerk's Office is unable to proceed with the execution of the attached Agenda Item due to the following requirements that have not been met. When your Agenda Item is ready to resubmit, please return to: Pat Dapkus, Management Assistant, City Administrator's Office. I. Signature(s)Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate(Proof Of Insurance) A Not attached NUM B Not approved by City Attorney's Office C Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached) hiS is 171 Gl -70 GU P e-u-p- " 5. Wording On Request For Council Action(RCA)Unclear Gt/ A Recommended Action on RCA not complete C'D G 2n /S o cPSSGi B Clarification needed on RCA IAIA C I Other e 6. City Attorney Approval Required 7. Agreement Needs To Be Changed A Page No. 8. Other — 1 G:agenda/miscircadd Tice Xotes Office of the City Ccerh Huntington Beach, California ��� ` � ,,''• _��^l.: ram' � ���l.��j U; �,C. 7977 �Do a `�� n/Gem It ccJu�S �/otih l�J is - 1- mef Gt1 f Johh -JJaA� ' A Y�eoRd� ¢.sZ e o te- eo /-�-�yoo = arcs ce.fi--1�1176 D, I sy 11,01 .1�t,0 r�r,/�s,�.�/�,Y �G'D,�,/ � c�P! 1c�✓°��t .f� GL�' �;►�'2 rn - 1 TiCe Wotes �o �9 9 Office of the City CCerk Huntington Beach., CaCifornia DV SGkc do e unmet /�5��f��► �1��.�- �ci�,a�c� an ����Ut����D,�,CX �'�o7diu-� � . �i�rri 7 4C) — 67 A AD /47 gLijS) F&64' I e� S-� s k,`N: