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Concours D'Elegance Group - 2016-05-16
Dept ID ED 16-14 Page 1 of 2 Meeting Date 5/16/2016 4qO,0�t�4 aZ_—� ?L 76 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/16/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Approve and authorize execution of a two year License Agreement between the City and Concours D'Elegance Group for use of the Central Library Facilities for an Annual Concours Car Show Statement of Issue The City Council is asked to approve a two (2) year License Agreement between the City of Huntington Beach and Concours D'Elegance, for the continued operation of the annual Concours Car Show held at the Central Library Financial Impact The Concours Car show has no fiscal impact on the City The event is subject to applicable fees throughout the Specific Events process At the conclusion of each car show, Concours D'Elegance issues a check of event proceeds to the Huntington Beach Central Library in support of the Children's Resource Center Recommended Action Approve and authorize the Mayor and City Clerk to execute the "License Agreement Between the City of Huntington Beach and Concours D'Elegance Group for Use of Public Library Facilities for an Annual Concours Car Show " Alternative Action(s) Do not approve the license agreement and provide direction to staff Analysis Since 1985, Huntington Beach Concours D'Elegance has worked with the City to host an annual Concours Car Show on the first weekend of June at the Central Library The event operates on both Saturday and Sunday and is open to all ages The Concours Car Show provides a family - friendly experience for the community as a way to raise funds for the Children's Resource Center at the Central Library The upcoming event scheduled for June 4 and 5 will be the 31st annual Concours D'Elegance Car Show In April 2015, staff reached out to Bart and Diana McGrath, the founders of HB Concours D'Elegance, to create a License Agreement for the use of Library facilities Prior to the drafting of the license agreement there was no formal long-term agreement between the City and Concours D'Elegance outside of the Specific Events process The license agreement is for two (2) years The License Agreement contains the following details Item 9. - I HB -174- Dept ID ED 16-14 Page 2 of 2 Meeting Date 5/16/2016 • There shall be no access by Licensee to the Library building without City staff present, • All extra staff cost shall be the responsibility of the Licensee, • Licensee shall be responsible for any Library facility damage caused by the event or activities related to the event, • Concours D'Elegance will provide insurance pursuant to City requirements, • Planned access to the Balboa or Maddy Room shall be permitted once -per -month for planning purposes All other meetings shall be arranged with and approved by City staff, • City staff will designate display space for some promotional event materials for up to two months prior to the event, • Licensee shall apply for and obtain a Special Events Permit from the City prior to the event, • The City shall ensure that the irrigation within the defined event area in Central Park is turned off at least three (3) days prior to the event As previously stated, there is currently no Agreement between the City and Concours D'Elegance The proposed Agreement will address the concerns of both the Library Services Department and Concours D'Elegance to secure operation of the event into the future The License Agreement is consistent with the revised terms that the City is implementing for all lessees and operators Based upon Concours D'Elegance's qualifications and experience operating 30 previous events in the City, the Office of Business Development is recommending approval of the License Agreement Environmental Status Not Applicable Strategic Plan Goal Improve quality of life Attachment(s) 1) "License Agreement Between The City of Huntington Beach and Concours D'Elegance Group for Use of Public Library Facilities for an Annual Concours Car Show" xB -1 7s- Item 9. - 2 LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONCOURS D'ELEGANCE GROUP FOR USE OF PUBLIC LIBRARY FACILITIES FOR AN ANNUAL CONCOURS CAR SHOW THIS LICENSE AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("City") or ("Licensor'') and CONCOURS D'ELEGANCE GROUP ("Licensee") collectively (the "Parties") WHEREAS, City owns certain real property (the "Property"), described the Central Library, located at 7111 Talbert Avenue, Huntington Beach, California, 92648 The term "Premises" as used in this Agreement shall mean both the Property and the Improvements. and Licensee desires a license for the premises to hold an annual Concours Car Show for the benefit of the community, NOW, THEREFORE, the parties covenant and agree as follows SECTION 1 GRANT OF LICENSE FOR USE OF THE PREMISES City, pursuant to the terms of this License, grants to Licensee for the purposes stated herein. the right, privilege and duty to hold a Concours Car Show open to the public and City employees located on the Premises. Licensee shall not use the Premises for any other purpose than that specifically provided for herein The description of the Premises is set forth in Exhibit "A", which is attached and incorporated herein by this reference A map depicting the Premises is set forth in Exhibit ">B"_ which is attached hereto and incorporated herein by this reference This License is not intended to confer third -party beneficiary status to anyone 15-4746 001/134857 Licensee will obtain at its sole expense all licenses and/or approval necessary for its operation of a Concours Car Show on the Premises and shall maintain such licenses/approvals throughout the time it uses the Premises. Licensee will comply with all local, state, and federal laws and ordinances in holding the Concours Car Show SECTION 2 ACCESS TO AND USE OF PREMISES A The License Agreement does not include access to or use of the City computer network or City phones B Licensee shall not be permitted to use any City vehicle C Licensee shall not be permitted to use any City staff desk space or work area, with the exception of the library loading dock area as approved by Library Director. D Planned access to the Balboa or Maddy Room shall be permitted once a month for planrung purposes All other meetings shall be arranged with and approved by City staff E City staff will designate display space for some promotional materials in support of the event for up to two months prior to the event All materials shall be collected by Licensee within ten (10) days after the event F There shall be no access by Licensee to staff areas of the building without City staff present G There shall be no access to the building by Licensee after regular business hours for meetings unless otherwise approved by Library Director and cost of supplemental staffing is paid for by the Licensee 15-4746 001/134857 H. There shall be no early access to the building by Licensee without City staff present during the event tentative additional hours are detailed in Exhibit C. I The cost of staff support is the sole responsibility of Licensee and shall be negotiated with the City based upon the schedule of requested hours in Exhibit C J Licensee shall be responsible to pay the coverage/charge for at least one staff member to be on site to assist with access into the building in the morning and at closing. K Licensee shall be responsible for any library facility damage caused by the event or any activities related to the event L Licensee shall clearly mark off and identify reserved parking for library staff during the weekend of the event M Licensee shall work with the City to provide trash receptacles for the event and shall coordinate with City staff on their placement N Delivery of pallets of material for the event must be coordinated with City staff prior to the delivery O Activities within Central Park and the parking lot shall be coordinated with City staff to accommodate each activity P Licensee shall apply for and obtain a Special Events Permit from the City prior to the event Q The City shall ensure that the irrigation within the defined event area in Central Park is turned off at least three (3) days prior to the event 15-4746 001/134857 R Violation of any of these listed requirements set forth in this License Agreement may result in the termination of the License Agreement by the City SECTION 3 PERSONNEL REQUIREMENTS A The Licensee will be required to employ the optimum number of employees, agents or volunteers to match the work requirements. B An on -site manager with the experience and qualifications must be present during the event. The person(s) designated as manager is subject to approval by the Licensor and once approved may not be changed or replaced without the prior consent of the City SECTION 4 RESERVATIONS AND ENCUMBRANCES A City expressly reserves a right to enter upon the Premises with as much advance written, verbal or electronic notice as possible to Licensee for any reason associated with public health, safety or welfare, or for the protection of life, limb or property In all other cases unless otherwise specifically set forth herein. City reserves the right for such entry but City shall give Licensee at least twenty-four (24) hours advance written, verbal or electronic notice B City expressly reserves the right to license. convey, or encumber the Premises, in whole or in part. for any purpose not inconsistent or incompatible with the rights or privileges of Licensee under this License C This License is subject to pre-existing contracts, licenses, licenses, easements, encumbrances and claims affecting the Premises and it is made 15-4746 001/134857 without warranty by City of title; condition or fitness of the licensed property for the stated or intended use. SECTION 5 TERM The Term of the License shall be two (2) years The License shall commence at 12 Ol AM one i1 2016, for a two (2) year term, which shall end at 11 59 PM on d hi , 2018, unless extended or sooner terminated, as provided for herein The Licensor may terminate the agreement at any time upon written notice to Licensee for any reason, including convenience or cause. In the case of a termination for the Licensor's convenience, the Licensee will be given 60 days written notice SECTION 6 CONDITIONS OF PREMISES The taking of possession of the Premises by Licensee shall, in itself, constitute acknowledgment that the Premises are in good and tenantable condition. Upon taking possession of the Premises, Licensee agrees to accept the Premises in their presently existing condition. "as is". and agrees that City shall not be obligated to make any alterations, additions or betterments thereto SECTION 7 DURATION OF PUBLIC FACILITIES By entering into this License, City makes no stipulation as to the type, size, location or duration of public facilities (excluding the Premises), including, without limitation, any City parking lots to be maintained on property owned, controlled or occupied by City 15-4746 001/134857 SECTION 8. ADDITIONS. ALTERATIONS AND REMOVAL A No modifications, alterations or additions to the Premises, including, without linutation. construction of Improvements or changes to structural design, landscape design, or interior or exterior furnishings, shall be constructed or made by Licensee without Licensee first obtaining the prior written approval of City B. Except as provided under this License, no alteration or removal of existing Improvements on or natural features of the Premises shall be undertaken without Licensee first obtaining the prior written approval of City C Licensee's obligation to obtain City's prior written approval is separate and independent of Licensee's obligation to obtain any permits from City SECTION 9 FACILITIES AND EOUIPMENT The Licensee does not guarantee the uninterrupted provision of electricity or other utilities or service except to ensure that all reasonable and diligent efforts will be pursued in restoring interrupted service The Licensee shall not be held liable for any losses incurred by the Licensor which may result from interruptions or failure of such service SECTION 10 RATE After the Concours event is held, the Library Director will submit a letter requesting distribution of funds in support of the Children's Wing of the Library. The Committee agrees to review and issue a check for the requested amount as soon as possible after determination of the amount raised over the course of the event Payment will be delivered to City within sixty (60) calendar days Upon completion of the event. 15-4746 001/134857 log of staff hours will be submitted to Concours for payment within sixty (60) calendar days SECTION 11 RECORDS AND AUDIT Lessee agrees to make available for inspection, as requested by the Lessor, a complete and accurate set of Lessee's books and records of all ticket sales Lessee further agrees that it will keep, retain. and preserve for the term of the Lease all records, books, or other evidence of ticket sales Lessor shall have the right, upon reasonable notice, during the Term and any extension thereof and within two (2) years after expiration or termination of this Lease to inspect and audit Lessee's books and records Such inspection and audit shall be conducted by appointment scheduled in advance by agreement with a designee of the Lessee Lessee shall cooperate with Lessor in scheduling and making the inspection SECTION 12 INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT Licensee hereby agrees to protect, defend, mdemrnfy 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) ansmg out of or in connection with (1) the use or occupancy of the Premises by Licensee, its officers, employees or agents, 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 15-4746 001/134857 Licensee to keep the Premises in a safe condition, or (5) Licensee's (or Licensees agents and/or sublicensees, if any) 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 damage which was caused by the sole negligence or willful misconduct of City Licensee will conduct all defenses 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 SECTION 13 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 sublicensees and contractors to provide such workers' compensation and employers' liability insurance for all of the sublicensees' and contractors' employees Licensee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability 15-4746 001/134857 insurance and Licensee shall similarly require all sublicensees and contractors to waive subrogation SECTION 14 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 ansing 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 ansing out of or in connection with the Premises. and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1.000,000.00) per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000 00) for the Premises This policy shall name City, its officers. elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the 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 15-4746 001/134857 SECTION 15 PROPERTY INSURANCE Licensee shall provide before commencement of this License and shall obtain and furrush 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 whether or not owned or licensed by Licensee, and all trade inventory in or on the Premises against damage or destruction by fire, theft or the elements This policy shall contain a full replacement cost endorsement naming 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 15-4746 001/134857 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 SECTION 16 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 coverage 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 written notice in the event of cancellation for nonpayment of premium, which 10-day notice provision shall not apply to property insurance in Section 22 above 15-4746 001/134857 Licensee shall maintain the foregoing insurance coverage 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 coverage 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 tunes 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 heremabove required SECTION 17 INSURANCE HAZARDS Licensee shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premmses in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this License Licensee shall, at its sole cost and expense; comply with all requirements of any insurance carrier mg any insurance policy for the Premises or required by this License necessary for the continued maintenance of these policies at reasonable rates SECTION 18 MAINTENANCE OF PREMISES Licensee agrees to maintain the Premises in good order and repair, at Licensee's sole cost and expense, during the entire term of this License or any renewals or extensions thereof or during any holdover period; pursuant to the City's maintenance standards 15-4746 001/134857 SECTION 19. DAMAGE, DESTRUCTION OR NUISANCE Licensee shall not commit or permit the commission by others of any damage or destruction of, on, or to the Premises Licensee shall not maintain, commit or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the Califorma Civil Code on the Premises, and Licensee shall not use or permit the use of the Premises for any unlawful purpose SECTION 20 PAYMENT OF OBLIGATIONS Licensee shall promptly pay, at its sole cost and expense, before they become delinquent. any and all bills, debts, liabilities and obligations incurred by Licensee in connection with Licensees use of the Premises Upon request; Licensee shall promptly furnish to City satisfactory evidence establishing such payment SECTION 21 BUSINESS LICENSE Licensee shall maintain a business license from City during the entire term of this License or any renewals or extensions thereof or during any holdover period SECTION 22 SIGNS. ADVERTISING AND APPROVAL OF NAME City shall have the right to approve in its sole discretion and at any time require Licensee to change or remove signs, names, placards, decorations or advertising placed on, or inscribed, painted or affixed upon the Premises Should City approve of any sign. name, placard, decoration or advertising. Licensee shall maintain the same at all times during the entire term of this License or any renewals or extensions thereof or during any holdover period in good appearance and repair All signs, names; placards, decorations or advertising must comply with all requirements of any governmental authority with jurisdiction 15-4746 001/134857 SECTION 23 NO ASSIGNLNG, SUBLEASING OR ENCUMBERING The parties acknowledge that City is entering mto the License in reliance upon the experience and abilities of Licensee and its principals Consequently, Licensee shall not voluntarily assign, encumber or otherwise transfer its interest in the License or in the Premises, or sublicense all or any part of the Premises, or allow any other person or entity (except Licensee's authorized representatives) to occupy or use all or any part of the Premises without the prior written consent of City, which consent shall not be unreasonably withheld SECTION 24 TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this License shall inure to the benefit of and be binding upon the parties and their successors, mcludmg, without limitation, their assignees, encumbrances, occupiers or users, sublicensees or other transferees The provisions of this Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against assignments, encumbrances, occupations or uses, sublicenses or other transfers herembefore set forth, or (2) City's consent thereto If more than one licensee is a party to this License, the obligations of the licensees shall be joint and several Even if City's consent is not required, Licensee shall immediately provide City with written notice of any, assignment, encumbrance, occupation or use, sublicense or other transfer SECTION 25 DEFAULT The occurrence of any one or more of the following events shall constitute a material default and breach ("Default") of this License by Licensee 15-4746 001/134857 A Licensee's failure to make any payment required to be made by Licensee at the time required for payment under this License B Licensee's failure to obtain or maintain the insurances as required under this License C Licensee's violation of Section 11 (Indemnification, Defense and Hold Harmless Agreement), Section 22 (No Assigning, Subleasing or Encumbering), Section 28 (Hazardous Substances), Section 29 (Nondiscrimination), Section 30 (Sale of Alcoholic Beverages and Entertainment Prohibited), Section 35 (Conflict of Interest) or Section 37 (Compliance with Laws) SECTION 26 TERMINATION In the event of a default by Licensee, City may at City's sole discretion terminate this License by giving Licensee written notice of termination In the event City terminates this License, City may recover possession of the Premises (which Licensee shall immediately surrender and vacate upon demand) and remove all persons therefrom, and Licensee shall comply with, without limitation. all requirements of this Agreement SECTION 27 WAIVER OF CLAIMS Licensee hereby waives any claim against City, its officers, elected or appointed officials, employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this License, or any part thereof or caused by any judgment or award in any suit or proceeding declaring this License null, void or voidable, or delaying the License or any part thereof from being carried out 15-4746 001/134857 SECTION 28 PHOTOGRAPHY Licensee acknowledges and agrees that City may grant permits to Hurd parties engaged in the production of still and motion pictures and related activities to take photographs or videos of or on the Premises when such permission shall not mterfere with the primary business of Licensee, all without providing Licensee with notice or requiring consent by Licensee SECTION 29 HAZARDOUS SUBSTANCES Licensee represents and warrants that its use or occupation of the Premises shall not generate any Hazardous Substance (as defined below in this Section). and it shall not store or dispose on the Premises nor transport to or over the Premises any Hazardous Substance during the entire term of this License or any renewals or extensions thereof or during any holdover period The foregoing restrictions shall not be deemed to restrict or prohibit the use by Licensee of ordinary cleaning products as customarily used in Licensees ordinary course of business at the Concession, provided that Licensee complies with all provisions of law as to the use, storage and disposal of such products Licensee further agrees to clean up and remediate any such Hazardous Substance on the Premises, and 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 any such Hazardous Substance and any damage, loss, or expense or liability resulting from any such Hazardous Substance including, without limitation, all attorney's fees, costs and penalties 15-4746 001/134857 incurred as a result thereof except any relicense 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 Licensees 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 indemrufication to be provided by Licensee "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as a hazardous or toxic waste, hazardous or toxic material. hazardous or toxic or radioactive substance, or other similar term, by any Federal. State or local environmental law, regulation or rule presently in effect or promulgated in the future, as such law, regulation or rule may be amended from time to time, and it shall be interpreted to include, without limitation, any substance which after relicense into the environment will or may reasonably be anticipated to cause sickness, death or disease SECTION 30 NONDISCRIMINATION Licensee and its agents or volunteers shall not discriminate because of race, religion, color. ancestry, sex, age; sexual orientation, family or marital status, national origin or physical handicap against any person by refusing to furnish such person any accommodation, facility, rental, service or privilege offered to or enjoyed by the general public Nor shall Licensee or its employees publicize the accommodation; facilities, rentals, 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, sexual orientation, family or marital status, national origin or physical handicap 15-4746 001/134857 SECTION 31 SALE OF ALCOHOLIC BEVERAGES AND ENTERTAINMENT PROHIBITED Notwithstanding anything to the contrary, the sale or provision of alcoholic beverages and/or live entertainment in, on, or from the Premises is expressly forbidden, unless expressly permitted in writing by City in advance For any proposed sale or provision of alcoholic beverages, Licensee must first obtain written City approval prior to submitting any request for approval to the Alcohol Beverage Commission SECTION 32 LIENS Licensee shall keep the Premises free and clear from any and all liens, includmg, without limitation, mechamcs' or matenalmens' liens, claims and demands for work performed, materials furnished, or operations conducted on or about the Premises or by reason of any use or occupancy by Licensee, or any person clamming under Licensee When applicable, Licensee shall cause a notice of nonresponsibmlity to be posted and recorded pursuant to California Cavil Code Section 3094 SECTION 33 CITY'S OPTION TO CLOSE THE PREMISES City may close the Premises without liability and without advance notice to Licensee therefore at any time as City in its sole discretion deems necessary for the protection of life, limb or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by City in its sole discretion SECTION 34 DELIVERIES OF SUPPLIES City may establish the days and times deliveries of supplies may be made and advise Licensee in writmg thereof 15-4746 001/134857 SECTION 35 EMPLOYEE PARKING City shall establish the days, times and locations where Licensee and Licensee's agents or volunteers may park, and the number of automobiles, trucks, and other motorized and non -motorized vehicles that Licensee and Licensee's agents or volunteers may park, and advise Licensee in writing thereof SECTION 36 CONFLICT OF INTEREST Licensee 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 by Licensee to solicit or aid in the procuring of this License, or (2) shall be employed by Licensee in the performance of this License without the immediate 1 written 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 City, Licensee, upon request of City, shall terminate such employment immediately For breaches or violation of this Section, City shall have the right both to terminate this License without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity No official or employee of City shall have any financial interest in this License in violation of the applicable provisions of the Calafornia Government Code SECTION 37 NOTICE 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 15-4746 001/134857 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 City of Huntington Beach ATTN Deputy Director of Economic Development 2000 Main Street, P O Box 190 Huntington Beach, CA 92648 LICENSEE Bart and Diana McGrath Huntington Beach Contours D'Elegance P O Box 5578 Huntington Beach. CA 92615-5578 SECTION 38 COMPLIANCE WITH LAWS Licensee, at its sole cost and expense, shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, including. without limitation, Federal, State, county or municipal, relating to Licensee's use and occupancy of the Premises and/or operation of the Concession whether such statutes, ordinances. regulations and requirements be now in force or hereinafter enacted This License is expressly subject to the laws, regulations and policies of City Licensee shall deliver to City a copy of any notice from any governmental entity received by Licensee regarding any alleged violation of law regarding the License, Premises or the Concession or from any person allegedly entitled to give notice under any conditions, covenants, or restrictions binding or affecting the Premises The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation 15-4746 001/134857 or requirement shall be conclusive as between City and Licensee and shall be grounds for termination of this License by City SECTION 39 MODIFICATION No waiver or modification of any language in this License shall be valid unless in writing and duly executed by both parties SECTION 40 INDEPENDENT CONTRACTOR Licensee is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City Licensee shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Licensee and its officers, agents and employees and all business licenses, if any; in connection with the License and/or any services to be performed hereunder SECTION 41 ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this License or to secure the performance hereof each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party SECTION 42 GOVERNING LAW This License shall be governed and construed in accordance with the laws of the State of California 154746 001/134857 SECTION 43 ENTIRETY The parties acknowledge and agree that they are entering mto this License freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this License The parties also acknowledge and agree that no representations, inducements, prorruses, agreements or warranties, oral or otherwise, have been made by that party, or anyone acting on that party's behalf, which are not embodied in this License. and that that parry has not executed this License in reliance on any representation, inducement, promise, agreement warranty, fact or circumstance not expressly set forth in this License The License, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this License, the Premises, the leasing of the Premises to Licensee, or the license term created under this License and supersede all prior understandings and agreements. whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this License to be executed by and through their authorized officers on hp-R 15-4746 001/134857 OPERATOR CONCOURS D'ELEGANCE GROUP By � d f z 1 1F Cs- -C YQprint name (circle one) C uman/President/Vice President O -, CH A I KI PP 51 bfN 1 DN A F-4 U NDk�:(Z AND( By b<L. Mcr!rRA734 pnnt name ITS (circle one) Secretary/Chief Financial Officer/Asst Secretary - Treasurer Co -- 0-f191fz%ovnlw---R(r-qVS) nND fE�XJE�CU`r(VI-. V0—t !N<i, E3C)RP,» M&EMaEP, F,xhtbits, A Description of the Premises B Map Depicting the Premises C Schedule of Hours D Area Use Map CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califorma City Attorney 10\4 kklW 1k14 INITIATED AND APPROVED r Deputy Director of 61siness Development AND APPROVED Manager 15-4746 001/134857 EXH I BIT A Description of the Premises The Premises consist of defined and limited areas of the Central Library located at 7111 Talbert Ave, ' Huntington Beach, California These defined areas are made available for the purposes of the Concours event The defined areas of the premises are 1) the area on the lower level of the original 1975 structure, by the rear loading dock, commonly referred to as the Library Acquisitions area, 2) Two of the small study rooms, located in the lower level hallway near Acquisitions, 3) the rear loading dock area, and 4) a small defined area of the basement near the secured cage at the base of the stairs The Director of Library Services may amend the location and amount of space designated for the event with mutual agreement of the parties EXH I BIT C Schedule of Supplemental Staff Hours Day of Week Around Event Supplemental Time Total Hours Friday 5:00pm - 10:00pm 5 Saturday 5:00am - 8:00am 3 Sunday 4:30am - 5:00pm 12.5 *Additional Hours Approved at Discretion of the City �� ,'�- I'f'. Concours d'Elegance Space allocated to the Concourse d'Elegance within the Library is limited to part of the Acquisitions area, as well as two (2) quiet study rooms when available. Concourse d'Elegance also has a storage area in the basement of the Library. HUNTINGTON BEACH PUBLIC LIBRARY - LOWER LEVEL IM RFADNG Acquisitio RATIO LEVEL n— DECK BOOK STACKS ADULT COLLECTION O' L r.,ao LITF RACY 02S GENEALOGY # BAL80A ROOM N0��\w n x vIRAL PAMD, MOIA � \OUNTAIM w w MEETINOOM CG -74 � R MEETING ROOM /-, q/� LOBBY B + `r� � T ICNCM / LIBRARY HEFTING THEATER ROOM E7 ///////� O1Y ONE ROOM FINL aLENO MEETING ROOM B i 1 GENERAL INFORMATION (714) 842-4481 W W W.H BPL.ORG Men's Restroom Women's Restroom © Water Fountain AED Unit OEmergency Exit © Box Office y Rooms City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk May 24, 2016 Bary & Diana McGrath Huntington Beach Concours D'Elegance P. O. Box 5578 Huntington Beach, CA 92615-5578 Dear Mr. & Ms. McGrath: Enclosed for your records is a copy of the "License Agreement Between the City of Huntington Beach and Concours D'Elegance Group for Use of Public Library Facilities for an Annual Concours Car Show." Sincerely, vl Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand