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Continuing Development, Inc. - CDI - 2009-06-15
Recommended Action: Appoint Betty Croteau to her first four-year term (07/01/09 - 06/30/13) to the Library Board of Trustees as recommended by the City Council Library Liaisons, Councilmembers Gil Coerper and Joseph Carchio. Approved 6-0-1 (Hansen absent) 6. (City Council) Approve the appointments to the Citizen Participation Advisory Board (CPAB) of William Correia for a partial term that ends September 30, 2010, and Carolyn Kanode for a partial term that ends September 30, 2011, as recommended by Council Liaisons, Mayor Pro Tern Cathy Green and Councilmembers Gil Coerper and Joe Carchio. Recommended Action: a) Approve the appointment of William Correia to the CPAB for the partial term that ends September 30, 2010; and, b) Approve the appointment of Carolyn Kanode to the CPAB for the partial term that ends September 30, 2011. Approved 6-0-1 (Hansen absent) 7. (City Council) Reject all bids received from Granitex Construction and Harbour Constructors on May 19, 2009 for the Pacific Coast Highway Transit Center Project, CC-1267; and, authorize staff to redesign and re - advertise the modified project. Recommended Action: a) Reject all bids; and, b) Authorize staff to re -advertise after a detailed review and redesign of project within budget. Approved 6-0-1 (Hansen absent) 8. (City Council) Approve receiving and filing of the 2009-2010 Refuse Solid Waste Disposal Rate Certification Letter and Addendum from Rainbow Disposal. Company, Inc. which requests maintaining the existing residential refuse rates through June 30, 2010, and receive and file rate sheet for Commercial Solid Waste Disposal Service Effective July 1, 2009. Recommended Action: a) Maintain the existing residential refuse rate of $0.6122 per unit per day (approximately $18.62 per month) for the period from July 1, 2009 through June 30, 2010; and, b) Receive and file rate sheet for Commercial Solid Waste Disposal Service effective July 1, 2009. Approved 6-0-1 (Hansen absent) (City Council) Approve and authorize the Mayor and City Clerk to execute 9. e a five year, non-exclusive license agreement between the City of Huntington Beach and Continuing Development, Inc. (CDI) in the amount of one dollar ($1) per year for the purpose of operating a child development program located at 17241 Oak Lane (Oak View Day Care.) Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Non -Exclusive License Agreement Between the City of Huntington Beach and Continuing Development, Inc." Approved as amended by Late Communication to add to recommended action as follows: Recommendation is amended to include that staff will complete a review of the performance of CDI with an update to the Council on the group's performance six (6) months prior to the initial five (5) year term expiration date. This will allow Council to determine if they would like to allow the five (5) year renewal option to proceed six (6) months later or not. Approved 6-0-1 (Hansen absent) 10. (City Council) Approve and authorize the Mayor and City Clerk to execute a 10-year Waste Disposal Agreement with the County of Orange for landfill dumping. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Waste Disposal Agreement Between the County of Orange, California and the City of Huntington Beach." Approved 6-0-1 (Hansen absent) 11. (City Council) Approve and authorize the Mayor and City Clerk to execute a one-year Memorandum of Understanding (MOU) between the City of Huntington Beach and the Huntington Beach Downtown Business Improvement District (HBDBID), with an option to renew not to exceed three (3) years, in the amount of $162,000 per year, with the City providing three months payment in the amount of $40,500 upon execution of the MOU to manage a cleaning and maintenance pilot program in the downtown district. Recommended Action: a) Approve the "Memorandum of Understanding Between the City of Huntington Beach and the Downtown Business Improvement District" (HBDBID) for a one (1) year pilot program, with an option to renew not to exceed three (3) years; and, b) Authorize a payment not to exceed $40,500, to be transferred to the HBDBID to manage a cleaning and maintenance pilot program in the downtown. Approved 6-0-1 (Hansen absent) 12. (City Council) City of Huntington Beach Strategic Plan Status Update Recommended Action: Receive and file the updated status of the Six -Month Strategic Objectives. Approved 6-0-1 (Hansen absent) Interoffice Communication TO: Honorable Mayor and Members Qff the City Council VIA: Fred A. Wilson, City Admini FROM: Stanley Smalewitz, Director Economic Development DATE: June 15, 2009 SUBJECT: Late Communication — Consent Calendar Item 09 — Approve Non- exclusive License Agreement with Continuing Development, Inc. (CDI) Economic Development staff is currently recommending a non-exclusive License Agreement between the City and CDI for the purpose of operating a child development program for a term of five (5) years with one (1) option to extend for an additional five (5) years. Recommendation is amended to include that staff will complete a review of the performance of CDI with an update to the Council on the group's performance six (6) months prior to the initial five (5) year term expiration date. This will allow Council to determine if they would like to allow the five (5) year renewal option to proceed six (6) months later or not. Currently, the Lessee or the City may renew the agreement for another five years with or without cause if either party gives a 30 day written notice. Council/Agency Meeting Held: Deferred/Continued to: pr ved��Co�ditio�nal�l��r p ro ❑ De ie� _ City C=r'siatur Council Meeting Date: 6/15/2009 Department ID Number: ED 09-32 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY C*FECONOMICDEVELOPMEN4 L MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: STANLEY SMALEWITZ, DIRECTOR SUBJECT: APPROVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONTINUING DEVELOPMENT INCORPORATED FOR LEASE OF THE CITY'S BUILDING LOCATED AT 17241 OAK LANE FOR THE PURPOSE OF OPERATING A CHILD DEVELOPMENT PROGRAM Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City Council is asked to approve a non-exclusive License Agreement with Continuing Development Incorporated (CDI) for lease of the City's building located at 17241 Oak Lane for the purpose of operating a child development program. Funding Source: Not applicable. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Continuing Development Incorporated (CDI). Alternative Action(s): Do not approve the License Agreement between the City of Huntington Beach and Continuing Development Incorporated (CDI) and recommend staff to renegotiate terms. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/15/2009 DEPARTMENT ID NUMBER: ED 09-32 Analysis: The original License Agreement between CDI and the City of Huntington Beach expired on December 18, 2004 and has been on a month to month basis since that time. The child development program (day care services) is very important to the Oak View area and is funded by the California Department of Education, Child Development Division which serves toddlers, preschool and school age children. The rent was set by City Council on September 17, 2001 at $1.00 per year for the use of the premises. CDI is responsible for all funding materials and supplies, insurance, staffing, entitlements, permits, building maintenance, repairs etc. Since 2001, CDI has completed over $185,000 of improvements to the facility ranging from replacing all plumbing with copper piping to resurfacing the parking lot and purchasing new playground equipment. The City Attorney's Office has prepared a non-exclusive License Agreement between the City and the CDI for the purpose of operating a child development program for a term of five (5) years with one (1) option to extend for an additional five (5) years thereafter. The current licensee fee would remain at $1.00 per year. Continuing Development Inc. (CDI) has operated infant, preschool and elementary age child development programs throughout the State of California since 1969. CDI's mission is to enrich children's lives through quality, accredited child development programs and a commitment to developmentally appropriate practice. Accreditation of their centers is provided by, the National Association for the Education of Young Children (NAEYC). Strategic Plan Goal: C-2 Provide quality public services to meet community needs. Environmental Status: Not applicable Attachment(s): License Agreement Between the City of Huntington Beach and Continuing Development Inc. (CDI) for Lease of the City's Building Located at 17241 Oak Lane for the Purpose of Operating a Child Development Proqram. 1 2. (Certificate of Insurance. -2- 5/27/2009 8:24 AM ATTACHMENT #1 NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CONTINUING DEVELOPMENT, INC.. THIS NON-EXCLUSIVE LICENSE AGREEMENT (the "License") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Licensor"), and CONTINUING DEVELOPMENT, INC. ("CDI"), a California non- profit corporation ("Licensee"). WHEREAS, Licensee represents and warrants that it has obtained all necessary governmental licenses, permits and approvals, including, without limitation, approval by the California Department of Education, to operate a child development program; and That there are no lawsuits or claims against it or any of its employees, agents or volunteers, for negligence, violations of law or misconduct; and Licensee desires to use Licensor's real property located at 17241 Oak Lane, in Huntington Beach, for a child development program; and. Licensor has relied on Licensee's above representation and warranties as a basis for entering into this License and on that basis desires to allow such use. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: PREMISES AND PERMISSION TO USE Licensor owns the real property located at 17241 Oak Lane, in Huntington Beach, whose legal description is set forth in Exhibit "A" and whose location is depicted in the map provided in Exhibit "B" (the "Premises"), which are attached hereto and fully incorporated herein. Licensor grants to Licensee a non-exclusive license to provide and operate a child development program on the Premises. The License granted herein is conditioned on Licensee operating the child development program discussed herein. 09-1971/30969 1 The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Premises for public purposes -to which it is now and may; at the option of Licensor, be devoted. Licensee undertakes and agrees to use the Premises and to exercise this license at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Premises by Licensor. Licensee hereby acknowledges title to the Premises is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of the Premises shall be referable solely to the permission herein given. Licensee agrees to obtain prior written approval from Licensor which may be withheld at the sole discretion of Licensor before any alteration or expansion of the Premises. 2. CONTRACT ADMINISTRATOR Licensor's Director of Community Services, or his/her designee, shall be the Licensor's Contract Administrator for this License with the authority to act on behalf of Licensor for the purpose of this License, and all approval and notices required to be given herein shall be so directed and addressed. 3. LICENSEE'S RESPONSIBILITIES FOR OPERATING A CHILD DEVELOPMENT PROGRAM Licensee shall do all of the following: (a) Obtain and maintain any governmental licenses, permits and approvals required to enable Licensee to operate a child care development program on the Premises; (b) Provide a child development program in accordance with Chapter 2, Part 5, Division 1, Title 1 of the California Education Code; 09-1971130969 2 : (c) Employ fully qualified teachers and teacher aides for a child development program in accordance with all applicable governmental requirements, including the requirements of the California Department of Education; (d) Operate the child development program according to the operational schedule, a copy of which is attached hereto as Exhibit "C", and incorporated herein by this reference;. (e) Provide any equipment, supplies, and materials required to operate the child development program; and. (f) Immediately notify Licensor in writing of any lawsuits, citations or claims against Licensee or any of its employees, agents or volunteers for negligence, violations of law or misconduct. 4. LICENSOR'S RESPONSIBILITIES Licensor shall be responsible for providing to Licensee the Premises for Licensee to provide services set forth herein. 5. LICENSE FEE/RENT Licensee shall pay Licensor One Dollars ($1.00) per year for use of the Premises (the "License Fee"). License fee shall become due and payable on an annual basis on the month and date of the commencement of this License. Payment shall be made to Licensor at P.O. Box 711, Huntington Beach, CA 92647. 6. TERM This License shah commence at 12:01 a.m. on 4./L1"" 2009, for a five-year term, which shall expire at 11.59 p.m. OTK_ , , unless extended, or sooner terminated, as provided for herein. At the end of the initial term, this License may renew for one additional five-year term sinless either party, with or without cause, gives the other party a 09-1971/30969 3 minimum of thirty (30) days written notice prior to e-xpiration of the lease of its intent not to renew . for the additional term. 7. CARE OF PREMISES Licensee shall do all of the following: (a) Licensee shall be solely responsible for all interior and exterior maintenance (including, without limitation, the roof} of the Premises, including the exterior landscaping; (b) Licensee shall remove any and all graffiti at its own expense from the Premises within forty-eight (48) hours of notice thereof; (c) Licensee shall not obstruct, cause or permit. any obstruction surrounding the Premises or any part thereof in any manner whatsoever; and (d) Licensee shall comply with all written notice serviced by Licensor with regard to the care and maintenance of the Premises. Licensor may provide written notice specifying the work to be done, and the period of time deemed to be reasonably necessary for completion of such work. Should Licensee fail to comply with Licensor's written notice within fifteen (15) days, or within a time deemed reasonably necessary of the time specified therein, Licensee shall immediately pay over to Licensor the estimated cost of such work as set forth in the notice. Upon receipt of such sum, Licensor shall then proceed to cause the required work to be performed. S. NON -.RECYCLABLE ITEMS PROHIBITED. No styrofoam containers are to be dispensed or vended from the Premises by Lessee. If applicable, all foods and beverages shall be sold in recyclable paper or plastic containers. Lessor may from time to time review the containers or utensils used or dispensed by Lessee for purposes of monitoring compliance with this section. 09-1971130969 4 9. NON -POSSESSORY PVTEREST Licensor retains Rill possession of the Premises and any improvements or personal property owned by Licensor on the Premises. Licensee will not acquire any interest in the Premises, improvements or property, either temporary, permanent, irrevocable, possessory or otherwise, by reason of this License or by the exercise of the permission given herein. Licensee shall make no claim to any such interest. Any violation of this provision by Licensee will immediately void and terminate this License. 10. TIME OF ESSENCE Time shall be the essence of this License and each and all of its terms, covenants or conditions in which performance is a factor. 11. NON -RECORDING Licensee shall not record this License. 12. INDEMNIFICATION DEFENSE AND HOLD HARMLESS AGREEMENT Licensee hereby agrees to protect, defend, indemnify and hold harmless Licensor, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any.kind or nature) arising out of or in connection with Licensee's, (or Licensee's sublicensee, if any) negligent (or alleged negligent) 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 Licensor. Licensor shall be reimbursed by Licensee for all costs and attorneys' fees incurred by Licensor in enforcing this obligation. Licensee will conduct all defense at its sole cost and expense and Licensor shall approve selection of Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether 09-1971/30969 5 . any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Licensee. 11 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 Licensor workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Licensee shall require all its sublicensees and contractors to provide such workers' compensation and employers' liability insurance for all of the sublicensees' and contractors' employees. Licensee shall furnish to Licensor a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Licensee. shall similarly require all sublicenses and contractors to waive subrogation. 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 Licensor, Licensee shall obtain and furnish to Licensor, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Premises. This policy shall indemnify Licensee, its officers, employees and agents, while acing within the scope of their duties, against any and all claims arising out of or in connection with the Premises, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million 09-1971/30969 6 Dollars ($1,000,000.00) for the Premises. This policy shall name Licensor, 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. PROPERTY INSURANCE Licensee shall provide before commencement of this License and shall obtain and furnish to Licensor, at Licensee's sole cost and expense, property and fire insurance with extended coverage endorsements thereon,: by a company acceptable to Licensor authorized to conduct insurance business in California, in an amount insuring for the full insurable value of the Premises and all Improvements, Trade Fixtures, personal property whether or not owned or leased 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 Licensor as an Additional Insured. The policy shall contain a special endorsement that such proceeds shall be used to repair, rebuild or replace any such Improvements, Trade Fixtures, personal property whether or not owned or leased by 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 leased by Licensee, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to Licensor. The policy shall also contain a special endorsement that if the Premises are so destroyed and either party elects to terminate the License, the entire amount of any insurance procceds shall be paid to Licensor. The proceeds of any such insa rance payable to Licensor may be 09-1971/30969 7 used, in the sole discretion of Licensor, for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s) as Licensor 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 Licensor; (b) Licensor 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 Licensor 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 Licensor. 16. CERTIFICATES OF INSURANCE- ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this License. Licensee shall furnish to Licensor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this License; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) shall state that the policy is currently in force; and (c) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of Licensor; however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Licensee shall maintain the foregoing insurance coverages in force during the entire term of the License or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance. coverages shall not derogate from Licensee's defense, hold harmless and indemnification obligations as set forth in this License. 09-19)MD969 8 Licensor or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. Licensee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 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 Premises in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy far the Premises or required by this License. Licensee shall, at its sole cost and expense, comply with all requirements of any insurance carrier providing any insurance policy for the Premises or required by this License necessary for the continued maintenance of these policies at reasonable rates. 18. RELOCATION AND ASSISTANCE In the event this License is terminated for any reason by Licensor, Licensee shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights sunder local, State or Federal relocation assistance plans. 19. INSPECTION BY LICENSOR Without advance notice given by Licensor to Licensee, Licensee shall permit Licensor or Licensor's agents, representatives or employees to enter the Premises at all reasonable times for the purpose of inspecting, investigating and surveying the Premises to, determine whether Licensee is complying with the terms of this License and for the purpose of performing other lawful acts that may be necessary to protect Licensor's interest in the Premises or to perform Licensor's duties under this License. Licensor also shall have the right in its sole discretion to perform any and all work of any nature necessary for the preservation, maintenance and operation of property owned, controlled or. occupied by Licensor. If practicable, Licensee shall be given reasonable 09-1971130969 9 notice when such work becomes necessary, and Licensee shall adjust its operations on the Premises in such a manner that Licensor may proceed. 20. LICENSOR'S OPTION TO CLOSE THE PREMISES Licensor may close the Premises without liability whatsoever and without advance notice to Licensee therefore at any time as Licensor 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 Licensor- in its sole discretion. 21. PAYMENT OF UTILITY CHARGES Licensee shall open its own account with Southern California Edison and shall pay, and hold Licensor and the property of Licensor, free and harmless from, all charges for all public utility services including gas, water electricity, on the. Premises during the entire term of this License or any renewals or extensions thereof. 22. PERSONAL PROPERTY TAXES AND BUSINESS LICENSE Licensee shall timely pay all taxes, assessments, or other charges levied or imposed by any governmental entity on the trade fixtures and other personal property placed by Licensee in, on, or about the Premises including, without. limiting the generality of the other terms used in this Section, any shelves, counters, partitions, fixtures, machinery and equipment, brought on the Premises by Licensee. If required by ordinance, Licensee shall maintain a business license from Licensor. 23. PAYMENT OF OBLIGATIONS Licensee shall promptly pay, at its sole cost and expense, before they become delinquent, any and all bills, debts, liabilities, property taxes and assessments, and obligations incurred by Licensee in connection with Licensee's occupation and use of the Premises. Upon 09-1971110969 10 request, Licensee shall promptly furnish to Licensor satisfactory evidence establishing such payment. 24. 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 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 Licensor. Licensee shall deliver to Licensor a copy of any notice from any governmental entity received by Licensee regarding any alleged violation of law regarding the License or Premises or from any person allegedly entitled to give notice under any conditions, covenants, or restrictions binding of 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 or requirement shall be conclusive as between Licensor and Licensee and shall be grounds for termination of this License by Licensor. 25. 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 California Civil Code on the Premises; and Licensee shall not use or permit the use of the Premises for any unlawful purpose. 26. LIENS Licensee shall not permit any mechanics' or materialmens' or other liens to stand against the Premises by reason of any use or occupancy by'Licensee, or any person claiming under 49-1971130969 11 Licensee. If Licensee desires to contest or withhold any payment which would lead to the placement of any liens or contest any such liens, then prior to commencing'such contest and withholding, Licensee shall furnish Licensor with a bond to secure the payment of such obligation and obtain Licensor's prior written approval of the bond. 27. NO CONDEMNATION VALUE TO LICENSEE If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Licensor. This License shall have no condemnation value to Licensee. 28. TERMINATION Licensor or Licensee may terminate this License at any time with or without cause, upon thirty (30) days prior written notice to Licensee. Cause may include damage, destruction or f condemnation. Licensee may terminate this Licensee in the event it is anticipated federal or state funding for support of the child development program becomes unsuitable or is otherwise terminated, upon thirty (30) days prior written notice to Licensor. In the. event of condemnation, unless Licensee is allowed by the condemning authority to continue its operations on the Premises, the Licensee shall terminate as of the date title to the Premises vests in the condemning authority or Licensee is required to cease its operations, whichever is earlier. 29. INSTALLATION AND REMOVAL OF TRADE FIXTURES Licensee shall provide any equipment, supplies and materials required to operate the child development program. In addition, Licensee may with prior written consent of the Licensor during the term of this License, and any renewal or extension thereof, at Licensee's sole cost and expense, install and affix in, to, or on the Premises such items, herein called "trade fixtures,". for use 09-1971/30969 12 in Licensee's trade or business as Licensee may, deem advisable. Said consent for which may be denied at the sole discretion of Licensor 30. RESTORATION AND SURRENDER OF PREMISES/TITLE TO IMPROVEMENTS On expiration or termination of this License, Licensee shall, without compensation to Licensee, promptly surrender and deliver the Premises to Licensor in as good condition as such were at the commencement date of this License, reasonable wear and tear excepted. Licensee also shall, without compensation to Licensee, surrender all improvements to Licensorin good condition and repair, ordinary wear and tear excepted, free and clear of all liens and encumbrances. Licensee also shall remove all of its trade fixtures and other personal property as provided herein. Licensor may in its sole discretion accept all or any portion of the Premises, as then improved with improvements and no sum whatsoever shall be paid to Licensee or any other person; or Licensor may require Licensee to remove all or any portion of such improvements, at Licensee's own risk and cost and expense; or Licensor may itself remove or. have removed all or any portion of such improvements, at Licensee's own risk and cost and expense. If required by Licensor to do so, in removing any such improvements, Licensee shall restore the Premises as nearly as possible to the conditions existing prior to their installation or construction. All such removal and restoration shall be to the satisfaction of Licensor and shall be completed within thirty (30) days of the expiration or termination of this License, provided, however, that Licensee shall be considered a holdover licensee after expiration or termination of the License until the time Licensee completes this removal and restoration work, including, without limitation, the removal of all of its trade fixtures and other personal property left on the Premises. In addition, all of Licensee's trade fixtures and other personal property left on the Premises after the expiration of this 30-day period, regardless of cause, shall be deemed abandoned by Licensee. In Licensoe's sole discretion, it may choose to do D9-1971130969 13 one or more of the following: (1) take any or all of such trade fixtures and other personal property as Licensor's property; (2) store any or all of such trade fixtures and other personal property in a public warehouse or other location at the sole cost, expense and risk of Licensee, and for the account and in the name of Licensee; or (3) dispose of any or all of such trade fixtures and other personal property at the sole cost, expense and risk of Licensee. In addition, Licensee's indemnification, hold harmless and defense obligations set forth in this License shall apply to such trade fixtures and/or other personal property, and to Licenser's action with respect thereto. 31. IdOLD OVER Should Licensee hold over and continue in possession of the Premises after expiration of the Term of this License or any extensions or renewals thereof, Licensee's continued occupancy of the Premises shall be considered a month -to -month tenancy subject to all the terms and conditions of this License_ 32. DEFAULT BY LICENSEE Should Licensee default in the performance of any of the terms, conditions, or obligations contained in the License; Licensor may, in addition to the remedies specified herein, re- enter and regain possession of the Premises in the manner provided by the laws of the State of California then in effect. 33. INSOLVENCY OF LICENSEE The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Licensee, or the malting of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this License and entitle Licensor to re-enter and regain possession of the Premises. 09-1971/30969 14 34. CUMULATIVE REMEDIES The remedies given to Licensor in this License shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this License. 35. NO ASSIGNMENT OR SUBLEASE This License is personal to Licensee, and Licensee shall not assign, sublease, transfer or sell this License or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third parry. 36. WAIVER OF BREACH The waiver by Licensor of any breach by Licensee of any of the .provisions of this License shall not constitute a continuing waiver or a waiver of any subsequent default by Licensee either of the same or another provision of this License. 37. CONSENT When Licensor's consent/approval is required under this License, its consent/approval far :one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. FORCE MAJEURE — UNAVOIDABLE DELAYS Should the performance of any act required by this License to be performed by either Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governm.ental 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 shall be extended for a period equivalent to the period of delay, and performance of the act during the period of delay shall be excused. Provided; however, that nothing contained in this Section shall excuse the prompt payment of the License Fee or other consideration 09-1971/30969 . 15. by Licensee as required by this License or the performance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee, required to perform the act. 39. 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 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 Licensor and Licensee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: LICENSOR: LICENSEE: City of Huntington Beach Child Development Inc. Attn: Director of Community Services Attn: Rich Ross 2000 Main Street 4340 Stevens Creek Blvd. Suite 260 Huntington Beach, CA 92647 San Jose, CA 95129 (408)556-7300 40. BINDING ON HEIRS AND 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, including, without limitation, their assignees, encumbrancers, 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, sublicensees or other transfers hereinbefore set forth, or (2) Licensor's consent thereto 09-1971/30969 16 41. SURVIVAL Terms and conditions of this License, which by their sense and context survive the termination or expiration of this License, shall so survive. 42. WAIVER OF CLAIMS Licensee hereby waives any claim against Licensor, 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 suitor proceeding declaring this License null, void or voidable, or delaying the License or any part thereof from being carried out. 43. CONFLICT OF INTEREST Licensee warrants and covenants that no official or employee of Licensor, nor any business entity in which an official or employee of Licensor 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 written divulgence of such fact to Licensor. In the event Licensor 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 Licensor, Licensee, upon request of Licensor, shall terminate such employment immediately. For default or violation of this Section, Licensor shall have the right both to terminate this License without. liability and, in its discretion, recover the frill amount of any such compensation paid to such official, employee or business entity. No official or employee of Licensor shall have any financial interest in this License in violation of the applicable provisions of the California Government Code. 09-I971/30969 17 44.. HAZARDOUS MATERIALS Licensee represents and warrants that its use of the Premises herein will not generate any hazardous substance, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substances. Licensee. further agrees to clean-up and remediate any such hazardous substance on the Premises, and hold Licensor harmless from and indemnity Licensor against any release of any such hazardous substance and any damage, loss or expense or liability resulting from such release including all attomeys' fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence of Licensor, its employees or agents. i "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as 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 laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 45. WASTE OR NUISANCE Licensee shall not commit or permit the commission by others of any waste on the Premises: Licensee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined by Section 3479 and/or Section 3484 of the California Civil Code on the Premises; and Licensee shall not use or permit the use of the Premises for any unlawful purpose. '46. INDEPENDENT CONTRACTOR Licensee is, and shall be, acting at all times in the performance of this License as an independent contractor herein and not as an employee of Licensor. Licensee shall secure. at its expense, and be responsible for all payment of all taxes, social security, state disability insurance 09-197 MO969 19 compensation, unemployment compensation and other payroll deductions of Licensee and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 47. SECTION HEADINGS Tlie titles, captions, section; paragraph and subject headings, and descriptive phrases at the begimZing of the various sections in this License are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this License. 48. MODIFICATION No waiver or modification of any language in this License shall be valid unless in writing and duly executed by both parties. 49. INTERPRETATION OF THIS LICENSE The language of all parts of this License shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this License is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remauiing covenants and provisions of this License. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this License, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, 09-197I /30969 19 then the latter shall prevail, and the provision of this License which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 50. GOVER,UNG LAW This License shall be governed and construed in accordance with the laws of the State of California, 51. 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 party shall not be entitled to recover its attorney's fees from the non -prevailing Party. 52. DUPLICATE ORIGINAL The original of this License and one or more copies hereto have been prepared and signed in counterparts as duplicate originals; each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who signed it. 53. ENTIRETY The parties acknowledge and agree that they are entering into this License freely and voluntarily following extensive arni'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, promises, 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 party 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 09-1971130969 20 respecting the subject matter of this License, the Premises, the licensing of the Premises to Licensee, or the 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(,Q,d�L:^^ /-I— , 2009. LICENSEE: CONTINUING DEVELOPMENT, INC. B)C�6 oris Fredericks print name ITS: (circle one) Chairman reside ice President AND By: (Yason Gurahoo print name _ ITS: (circle one) Secretary CTf-�a:nDhi Officer sst. Secretary — Treasur r Exhibits A B C Legal Description Map of Premises Location Operational Schedule LICENSOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ayor ty Clerk !ltd INITIATED AND APPROVED: APPROVED: inistrator APPROVED AS TO FORM: V' P _2�� City Attorney AV - 3-5 -61, 09-1971 /30969 21 A.". 13-197M uranL Deed TO 4•4. I CA I I "o) TfOr rOn)l FURNISHED 9Y.TlTJ_& lF11SUAAjjC& AND TRUST COA(FANY F VALUABLE CONSIDEHATION. recvilit of wlikli 6 bereby acknolviudged, O'CE-A-114 VIMI SCHOOL DISTRICT' 1;t:,:by GIZAIIIM(S) to CITY CF HUNTINGTON BEAM], a municipal corporation Tax-Exempt-Govc-rimiciii Ag, City of Hulffln,7ian or.. 13 die follow.-*ng descri.-A real property in the CITY 'OF HUNTINGTON BEAC2 Alicia C.I. Wentworth CV-111ty of 0.1;u_,,N StateofCalifornia: City Clerk BY.. 0-.PULYitiry Clorii The -north ,430.00 feet of the south 1090.00.feet of N. the east 460.00 feet of the east half of tlTe South vest Quarter of the Northeast Quarter of Section 26, Township 5 South, Range 11 West, as shown on a map recorded in Book 51, Page. 1.3, kliscellan*eous Maps, Records of Orange County. Said area comprising. inprising. 110,B25 square feet. , IF txcepting.therefrom the north. 330.00 feet of th west 263.56 feet. Dated June 6, 1983 SfAl"F OF CALIF011 . MA Orange COUNTY OF June 6,:.1983 hef.,Ie nke. tile al,aeri Nqlarr P111.1iC in U101 (lll' 'nil? It a Marcus, Mar-lanne Rianl�, Janet Carrick, and Charles to Ft the i;w;runicni Ynd acktia.W.-cal Ihv ....... WITNIESS my hand-a".1 official sel. Cai-riiel. L. Va1de7 (1'yl.,-d or Ptiw-11 r orlCiAlsti- !� Z r.. AMMEN L. VALDE 0, !`arn,w Ali- 1-411 EXHIBIT IT" LOCATION MAP OAK VIEW DAY CARE Wnrne Ave :�:77,777 M� ---- ------ P7- F--Z- 1,2_6 y li 77 k'�: al Cypr essDf -C-YjTni�.s. -DF— A 7; Oak-Vjew -d-, tf I em-e hR 6 61 gj _j I. .... .... .. ri jr F� Oakv i 61ID �iy :7 w pay Gare:-,01, = Barton Exhibit "C" California Department of Education Management Bulletin 08-10 Child Development Division FY 2009-10 Continued Funding Application October 2008 Page 1 of 1 Fiscal! Year,20, 9 10 Progr"am Calendar - Pa' a 1, of 1 Name of Agency Continuing Development Inc County 43 1 Vendor Number Contract Type and 1 B655 Number CCTR 8402 July 2009 SU M T W TH F 'SA 1x 2x 3 4 5 6x 7x 8x 9x 1 Ox 11 12 13x14x15x16x17x18 19 20x21x22x23x24x 25 26 27 28x29x30x31 Days of Operation: 22 October 2009 SUM T W TH F SA Ix 2x 3 4 5x 6x 7x 8x 9x 10 1112x13 14x15x16x17 18 19x 0 1x22x23x 24 25 26x27 8 29x30x 31 Days of Operation: 22 January 2010 SU M T W TH F SA 1 2 3 4x 5x 6x 7x 8x 9 10 11xi12 1 3x 14xil 5xi 16 17 18 j1.9 20 21x22x 23 24 25x 26x 27x 28x 29xl 30 31 Days of Operation: 19 Aoril 2010 SU. M T W TH F SA 1x 2x 3 4 5x ; 6x 7x 8x 9x 10 11 12x 13: 14x 15x 1 6xl 17 18 29x20 21x22x23x 24 25 26x27x28x29x3Dx Auaust2009 SU M1.T WTH F SA 1 2 3x 4x 5x 6x 7x 8 9 10x11x12xj13x114x 15 16 17x18x19x20x21x 22 23 24x 5 26x27x28x 29 30 31 x Days of Operation: 21 November 2009 'SUM T ,W TH F SA 1 2x 3x 4x 5x 6x 7 8 9x I Ox 11 12x 13x 14 1516x17x18x19 20x 21 22 23x24x25x 26 27 28 29 30 Days of Operation: 18 February 2010 SU.:M T W TH::F S.A 1x 2x 3x 4x 5x 6 7 8x 9x 10x 11 x 12x 13 14 1516x17 18 19x 20 21 22x23x24 25 26x 27 28 Days of Operation: 19 Sentember 2009 SUM T W TH F:: SA Ix 2x 3x 4x 5 6 7 8x 9x 10 11x 12 13 14115xIW7.18x 19 20 21 22x23 24 25x 26 27 28 29x�30 Days of Operation 21 December 2009 SU +M. T U1! TH:. F SA 1x 2x 3x 4x 5 6 7x 8x 9x 10x11 x 12 13 14x15x16x17x118j 19 20 21x22 23x 24 25 26 27 2$x29 30x31x Subtotal: 64 Days of Operation: 21 Subtotal: 61 March 2010 SU M` T 11V ITHI F .;SA 1x 2x 3x 4x 5x 6 7 8x 9x10x11x12 13 14 15x 16x I 7x 18x 1 9x 20 21 22x 23x 24x 5x 26x 27 28 29x 30x 31 x Days of Operation: 23 Subtotal: 61 June 2010 SUM T iN TH I :F SA 1 x 2x 3x 4x 5 6 7x 8x 9x 10x 11 x 12 13 14x15x16x17x18x19 20 21x22x23x24x25x 26 27 28x29x30x Days of Operation: 22 Days of Operation: 20 Days of Operation: 22 Subtotal: 64 Total Days of Operation: 250 CDD Consultant Initials: Date: ATTACHMENT #2 OP ID JW DATE (MMlDD/YYYY) ACORN. CERTIFICATE OF LIABILITY INSURANCE CiiILD-8 1 07 03_/O8 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Suhr Risk Services -San Jose ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE San Jose Branch HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1471 Saratoga Avenue, Suite 20 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -i Jose CA 95129 Jne:650-342-9535 Fax:650-343-5941 INSURED Child Development, Inc. Continuing Development, Inc. Child Developgent Centers Choices for Children 4340 Stevens Creek Blvd. #260 San Jose CA 9.5129 COVERAGES INSURERS AFFORDING COVERAGE INSURER A: Riverport Insurance Company INSURER B: Travelers Property Casualty INSURER C: INSURER D: INSURER E: NAIC # 36684 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR pNSRd TYPE OF INSURANCE I POLICY NUMBER POLI Y EFFECTIVE DATE MN1DDlYY) POLICY EXPIRATION DATE (MN1/DD/YY LIMITS I GENERAL LIABILITY EACH OCCURRENCE S 1, 000, 000 A X X' COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR I RI C 0 0 0 6 3 2 4 I I 07/01/08 I 07/01/09 I FUAVAUL I Kt:fq I PREMISES (Ea occurence) S 10 0, 0 0 0 vED EXP (Any one person) S 5, 000 PERSONAL 8 ADV INJURY I $ 1,000,000 �J GENERAL AGGREGATE I S 2, 0 0 0, 0 0 0 GEN L AGGREGATE LIMIT APPLIES PER: I POLICY �' � PRO- JECT I LOC PRODUCTS - COMP/OP AGG 5 2 , 000 , 000 Emp Ben. 1, 0 0 0, 0 0 0 A AUTOMOBILE I X LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS i RI00008324 07/01/08 I 07/01/09 i COMBINED SINGLE LIMIT {Ea accident) S 1, 000, 000 BODILY INJURY (Per person) S i ! j JI HIRED AUTOS NON -OWN ! I AS j �[ � FORM I I(Per BODILY INJURY (Per accident) S _( PROPERTY CAMACE I � accident) CZT l,t 1 (,�R�IVIUU' y�.T. ! ivy GARAGE LIABILITY .-_.......�__�.. .ANYAUTO - AUTO ONLY - EA ACCIDENT ! S R EA. ACC S OTHER THAN . j AUTO ONLY: AGG ; S EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE S 51 000,000 A 11x I OCCUR CLAIMS MADE REL0008325 07/01/08 07/01/09 AGGREGATE 5 5, 000, 000 S DEDUCTIBLE hx , S I RETENTION so I I S I WORKERS COMPENSATION AND I ITORY LIMITS I I ER — B EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 'f ves, describe under SPECIAL PROVISIONS below TC2JIIB?2^11B63`!08 07/01/08 07j01/09 -- IC.L.tACHACGIDENI Sl,000,UUU I - E.L. DISEASE - EA EMPLL'YEt! 8 1, 0 0 0, U :' U I E.L. DISEASE - POLICY LIMIT I S 1. , 0 0 0 , 0 0 0 i OTHER f I j DESCRIPTION OF OPERATIONS ! LOCATIONS! VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS XX: Certificate holder, its Agents, Officers and Employees are Tamed as additional insured as per attached endorsement form CG2026. *10 days notice of cancellation for non-payment of premium. ;RE: Oak View Child Development Center operated by insured located at 17341 LTac ju �.-n mane, _quntir.gtocn Beach, CA 32647 . CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Community Services Dept. Attn: Bill Fowler 2000 Affair_ Street Huntington Beach, CA 92648 CITY= SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL "' MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, - .. nitT;iuGiLFn RFPRF NTA l © ACORD CORPORATION 1988 ACORD 26 (2001f08) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: RIC0008324 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Narne of Additional Insured Person(s) or Organization(s): City of Huntington Beach, its Agents, Officers and Employees. Information required to complete this Schedule, if not shown above, will be shown in the Deciarations. Section 11 - Who Is An Insured is amended to in - include as an additional insured the person(s) or or- organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or missions of those acting can your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. 'EVID� 0F:: P I o DAVENMAQ AC RNYIN 07/18/08 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER PHONEIFAX6 5 0 - 3 4 2 - 9 5 3 5 W 5 0 - 3 4 3 - 5 9 41 COMPANY Ar Risk Services -San Jose . Jose Branch Riverport Insurance Company lyn71 Saratoga Avenue, Suite 20 101 Rowland Way, Suite 315 San Jose CA 95129 Novato CA 94945 !Ed Stark, MBA, CPO1TUr ARIA CODE: I SUB CODE: op CHILD-8 INSURED PROPERTYIN � LOCATIONIDESCRIPTION 001 17341 Jacquelyn Lane Huntington Beach CA 92647 LOAN NUMBER i POLLY NUMBER 1RICD009265 EFFECTIVE DATE EXPIRATION DATE 1 CONTINUED UNTIL 07/01/08 1 0 7 / 0/09 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATE[): Child Care (CDC #156) COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Special Form / Replacement Cost /100% Co Insurance Business Personal Property Business Income & Extra Expense Building Agreed Amount .REMARK 4!ficl ng Speclat Cond'tions} The City of Huntington Beach, its agents, officers, and employees are named as Loss Payee with re5pect te'the above property as their interest may appear. Lenders loss payee endorsement is attached. *10 days notice of cancellatium for non-payment of premium. City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 'GOP ZD 27 (3193) AUTHORIZED REPRESENTATIVE S'000 300,000 i 5,000 @AcbRDCORPORATION 1993 +1`0L16' 9� P.I600092G5 LENDER'S LOSS PAYABLE ENDORSEMENT Form 438BPU NS (Rev. May 1, 1942) 1. Loss or damage, if any under this policy, shall be paid to the Payee named on the fast page of this policy, its successors and assigns, hereinafter referred to as "the Lender", in whatever form or capacity its interests may appear and whether said interest be vested in said Lender in its individual or in its disclosed or undisclosed fiduciary or representative capacity, or otherwise, or vested in a nominee or trustee of said Lender. 2. The insurance under this lnrnlicy, or any rider or endorsement attached thereto, as to the interest only of the Lender, its successors and assigns, shall not be invalidated nor suspended: (a) by any error, omission, or change respecting the ownership, description, possession, or location of the subject of the insurance or the interest therein; or the title thereto; (b) by the commencement of foreclosure proceedings or the giving of noiice of sale of any of the property covered by this policy by virtue of any mortgage or trust deed; (c) by any breach of warranty, act, omission, neglect, or non-compliance with any of the provisions of this policy, including am and all riders now or hereafter attached thereto, by the named insured, the borrower, mortgagor, trustor, vendee, owner, tenant, warehouseman, custodian, occupant, or by the agents of either or any of them or by the happening of any event permitted by them or either of them, or their agents, or which they failed to prevent, whether occurring before or after the attachment of this endorsement, or mvhether before or after a loss, which under the provisions of this policy of insurance or of any rider or endorsement attached thereto would invalidate or suspend the insurance as to the named insured, excluding herefrom, however, any acts or onnissions of the Lender while exercising active control and management of the property. 3. In the event of failure of the insured to pay any premium or additional prennium which shall be or become due under the terms of this policy or on account of any change in occupancy or increase in hazard not permitted by this policy, this Company agrees to give written notice to the Lender of such non-payment of premium after sixty (60) days from and writhin one hundred and twenty (120) days after due date of such premium and it is a condition of the continuance of the rights of the Lender hereunder that the Lender when so notified in writing by this Company of the failure of the insured to pay such premium sluill pay or cause to be paid the premium due within ten (10) days following receipt of the Company's demand in writing therefore. If the Lender shall decline to pay said premium or additional premium, the rights of the Lender under this Lender's Loss Payable Endorsement shall not be tenininated before ten (10) days after receipt of said written notice by the Lender. 4. Whenever this Company shall pay to the Lender any sum for loss or damage under this policy and shall claim that as to the insured no Iiability therefore exists, this Company, at its option, may pay to the Lender the whole principal sum and interest and other indebtedness due or to become due from the insured, whether secured or unsecured, (with refund of all interest not accrued), and this Company, to the extent of such payment, shall thereupon receive a full assigrunent and transfer, without recourse, of the debt and all rights and securities held as collateral thereto. 5. If there be any other insurance upon the within described property, this Company shall be liable under this policy as to the Lender for the proportion of such loss or damage that the sum hereby insured bears to the entire insurance of similar character on said property under policies held by, payable to and expressly consented to by the Lender. Any Contribution Clause included in ary Fallen Building Clause Waiver or any Extended Coverage Endorsement attached to this contract of insurance is hereby nullified except Contribution Clauses for the compliance with which the insured has received reduction in the rate charged or has received extension of the coverage to include hazards other than fire and compliance with such Contribution Clause is made a part of the consideration for insurance -uch other hazards. The Lend^r ulx;a. the payment to it of the fir1 amount of its claim, AU subroaatc thus Company (pro rata w=ifn au other insurers contributing to said ayment) to all of the Lender's rights of contribution under said other insurance. 6. This Company reserves the right to cancel this policy at any time, as provided by its terms, but in such case this policy shall continue in force for the benefit of the Lender for ten (10) days after written notice of such cancellation is received by the Lender and shall then cease. 7. Thus policy shall remain in full force and effect as to the interest of the Lender for a period of ten (10) days after it expiration unless an acceptable policy in renewal thereof writh loss thereunder payable to the Lender in accordance with the terms of this Lender's Loss Payable Endorsement, shall have been issued by some insurance company and accepted by the Lender. 8. Should legal title to and beneficial ownership of any of the property covered under this policy become vested in the Lender or its agents, insurance under this policy shalt continue for the term thereof for the benefit of the Lender but, in such event, any privileges granted by this Lender's Loss Payable Endorsement which are not also granted the insurance under the terms and conditions of this policy and/or under other riders or endorsements attached thereto shall not apply to the insurance hereunder as respects such property. 9 All notices herein pnovided to be oven by the Company to the I,idea i=n connection :th this policy and finis Lerilier's loss Payable Endorsement shall be mailed to or delivered to the Lender at its office or branch described on the first page of the policy. Approved: Board of Fie Underwriters of the Pacific, California Bankers' Association, Committee on Insurance RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approve License Agreement with Continuing Development Inc (CDI) COUNCIL MEETING DATE: June 15, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached El Not Applicable Staff Report (If applicable) Attached ❑ Not A licable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable RCA Author: Machado, Ext. 1797 RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approve License Agreement with Continuing Development Inc (CDI) COUNCIL MEETING DATE: June 15, 2009 RCA; ATTACHMENTS STATUS Ordinance (w/exhibits &legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Ap licable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION• ' RETURN OF - -- B'e'low SpaceFor Ci Clerk's 'Use Oril p tY _ Y) RCA Author: Machado, Ext. 1797 9-41 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 18, 2009 Child Development Inc. Attn: Rich Ross 4340 Stevens Creek Blvd., Ste. 260 San Jose, CA 95129 Dear Mr. Ross: Enclosed for your records a copy of the Non -Exclusive License Agreement between the City of Huntington Beach and Continuing Development, Inc. for the purpose of operating a child development program located at 17241 Oak Lane. Sincerely, _491A) J n L. Flynn, CIVIC City Clerk JF:pe Enclosure G:follo7W-4grmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand Telephone: 714-536-5227 )