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HomeMy WebLinkAboutHHYC - Huntington Harbour Yacht Club - 2009-07-20Council/Agency Meeting Held: 00 9 Deferred/Continued to: `iApp oved ❑ Conditionally Approved ❑ Denied to Cit rWs ignat r Council Meeting Date: 7/20/2009 Department ID Number: ED 09-17 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: STANLEY SMALEWITZ, DIRECTOR O CONOMIC DEVELOPMENT *� JIM B. ENGLE, DIRECTOR OF COMMUNITY SERVICE'O'�P8 65 SUBJECT: APPROVE LEASE AND MANAGEMENT AGREEMENT BETWEEN THE HUNTINGTON HARBOUR YACHT CLUB AND THE CITY FOR OPERATION OF THE YACHT CLUB 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 the Lease and Management Agreement with the Huntington Harbour Yacht Club (HHYC) for the purpose of operating a yacht club. Funding Source: N/A Recommended Action: Motion to: Authorize the City Administrator to execute a Lease and Management Agreement with the Huntington Harbour Yacht Club that has been approved to form by the City Attorney and is in substantially the same terms as Attachment No. 1. Alternative Action(s): Do not authorize the City Administrator to execute a Lease and Management Agreement with the Huntington Harbour Yacht Club. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/20/2009 DEPARTMENT ID NUMBER: ED 09-17 Analysis: The Huntington Harbour Yacht Club (HHYC), established in 1967, is a private non-profit club whose membership is open to the general public. HHYC is a senior member of the Southern California Yachting Association, which entitles their members to reciprocity with other yacht clubs along the coast and the world. HHYC members have sailed in regattas and competitions around the world and represent and advertise Huntington Beach to the national and world-wide yachting communities. In 1977, the City entered into a thirty-year lease for the subject property with the HHYC. The original lease was a thirty-year ground lease which allowed the HHYC to construct a clubhouse on the premises. The lease also provides for a renewal option period for an additional thirty (30) year term. The building improvements reverted back to City ownership on the expiration date of the initial term in February 2007. The premises include the two-story, 7,967 square foot clubhouse improvement, a small private storage yard, as well as access to city -owned docks and parking. The term of the proposed lease agreement will be for thirty (30) years retroactive from February 23, 2007. The initial annual base rent will be increased from $11,325 to $22,680 to be paid in monthly lease payments of $1,890 per month. This rent will not be retroactive and will commence upon execution of the lease. The base rent will increase by 10% per year to a new annual base year rent of $33,204 per year in year five. Beginning in year six, the HHYC will pay either the above noted base rent (increased by an annual All Urban Consumer Price Index) or the following percentage rent, whichever is greater: 10% of gross receipts from facility rental and boat dock rental and 6% of gross receipts from food, beverage and catering sales including liquor. The HHYC has started a building improvement campaign that will extend over the next ten years. The first stage of improvements has been completed which included the following: rebuilding and improving of the front deck, refinishing and painting the clubhouse exterior, upgrading of the women's restroom, as well as the purchase of a new commercial grade stove/oven for the kitchen. Over the next several years, the HHYC plans to remodel and upgrade the men's restroom, upgrade the aft deck (overlooking the harbor), expand and remodel the kitchen, upgrade the reception/foyer and eventually build an addition for the Junior Yacht Club and Sailing School. The HHYC must also complete all maintenance items listed in Exhibit B of the proposed agreement within the dates specified. The proposed lease agreement offers the HHYC an option for obtaining rent credit for improvements upon written consent of the City. The HHYC's mission is to create a welcoming environment where boating enthusiasts gather for friendship, community service and the furtherance of boating enjoyment within Huntington Harbour and throughout Southern California's coastal waters. The HHYC plans to actively market the use of the premises as a facility for community activities, with an emphasis on water -related educational and recreational activities and opportunities. -2- 7/6/2009 3:05 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/20/2009 DEPARTMENT ID NUMBER: ED 09-17 Community Services staff will work directly with the HHYC by incorporating a HHYC link on the Community Services website in order to promote activity and act as an advertising tool. City staff will also use their best efforts to assist the HHYC with marketing of the club and any public programs, such as its sailing school, through media published or utilized by the City, such as The Sands. The HHYC Board has agreed to the terms and conditions of the proposed Lease and Management Agreement. During the preparation of the legal description for the leased area, it was discovered that the legal description for the assessor's parcel number, as well as the existing description for the leased area, have been incorrect for several years. In order to correct this situation, a Record of Survey must be prepared to have a clean title report. The Record of Survey may take several months to complete. Therefore, staff is asking City Council to approve the Agreement substantially in the same terms as the attached and delegate authority to the City Administrator to execute the agreement once the legal description is correct via the Record of Survey process. The HHYC agrees to begin paying the increased base rent commencing on August 1, 2009 once this item is passed by City Council. Strategic Plan Goal: Enhance economic development. Environmental Status: Not applicable. Attachment(s): -3- 7/8/2009 5:02 PM ATTACHMENT #1,, LEASE AND MANAGEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON HARBOUR YACHT CLUB This Lease and Management Agreement ("Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" and HUNTINGTON HARBOUR YACHT CLUB, a nonprofit, California corporation, hereinafter referred to as "LESSEE" hereinafter collectively referred to as "Parties"; and WHEREAS, the CITY desires to lease to LESSEE certain real property described as approximately 12,033 square feet, the building and related improvements thereon (the "Improvements"), and certain docks adjacent thereto, all of which shall be referred to herein as the "Premises," and WHEREAS, the CITY desires LESSEE to operate and manage the Huntington Harbour Yacht Club ("Yacht Club") on the Premises, NOW, THEREFORE, in consideration of the obligation of LESSEE to pay rent as herein provided and in consideration of the other terms and conditions hereof, CITY hereby grants to LESSEE and LESSEE takes from CITY, to have and to hold, a lease (hereinafter "Lease") of the Premises, upon the following terms and conditions: SECTION 1. Description of Premises The Premises consist of that certain real property lying within the boundaries depicted by the blue line as set forth in Exhibit "A." In addition LESSEE shall have a non-exclusive right to use the adjacent property within the boundaries delineated by the yellow line on the attached Exhibit "A;" this area is commonly known as the Huntington Harbour Yacht Club ("Yacht Club") located at 3821 Warner Avenue, and certain CITY -owned docks located adjacent to the Premises. A legal description of the Premises is set forth in Exhibits "C" and "D" attached hereto and incorporated by this reference. SECTION 2. Permitted Use The permitted use is for the primary purpose of operating a Yacht Club, including ancillary uses. LESSEE may rent the facility, or portions thereof, from time to time to Yacht Club members and non-members, including other organizations, for such functions and events as banquets, classes, seminars, weddings, receptions, shows, charity and recreational events. SECTION 3. Term The term of the Lease will be for thirty (30) years commencing on February 23, 2007. SECTION 4. Gross Rent 1. Initial base rent for year one will be $22,680 to be paid in advance in monthly lease payments of $1,890 per month. Rent payments should be delivered to the Office of the City Treasurer at P.O. Box 711, Huntington Beach, CA 92647. This rent will not be retroactive and will commence upon execution of the Lease. 07-908/45204 2. Lease payments will be on a triple net basis (LESSEE pays all utilities, insurances, taxes, and maintenance). 3. Lessee may make modifications, alterations, or expansions, including capital improvements, to the Premises with the written consent of Lessor, which consent shall not be unreasonably withheld. A failure by Lessor to respond in writing within thirty (30) calendar days to a written request by Lessee for approval of any such proposed modification, alteration, expansion or other capital improvement shall be deemed approval. of such request. Lessor shall give Lessee a credit against the rent provided for herein for the cost of improvement(s) made to the Premises by Lessee, including any non -routine maintenance items set forth on Exhibit B to the Lease, whether or not performed and completed prior to the execution of the Lease, that are approved in writing by Lessor for rent credit following written request for such approval by Lessee. The total amount approved by Lessor for credit against Lessee's rent shall be credited against Lessee's rent obligations next following such approval, as they come due, but shall not exceed forty percent (40%) of each such rent obligation until the total amount of such rent credit has been credited in full. 4. In years two (2) through five (5) of the Lease, rent will increase by 10% per year to a new base year rent of $33,204 per year in year five (5). 5. At the beginning of each lease year, commencing in August (the "Comparison Month") of year six, the base rent will be adjusted by the percentage change per the Consumer Price Index, All Urban Consumers (CPI-U), for the Los Angeles -Riverside -Orange County area (1982-84=100) as published by the United States Bureau of Labor Statistics, or if that index is discontinued, a comparable successor index covering the Orange County area, for the period from August through July of the preceding twelve (12) months. Notwithstanding the foregoing, the annual base rent increase shall not exceed five percent (5%), nor shall the base rent be less than the monthly base rent in effect for the lease year just ended. a) Beginning in year six, LESSEE shall pay to the CITY either the above noted base rent or the following monthly rental, whichever is greater, as consideration for the rights and privileges contained in the agreement: i. 10% of Gross Receipts from facility rental and boat dock rental and; ii. 6% of Gross Receipts from food, beverage and catering sales including liquor b) Beginning in year six, LESSEE shall deliver to CITY on a quarterly basis within 15 days following the end of each quarter, LESSEE's "Statement of Gross Receipts", in a format acceptable to CITY showing gross receipts from: facility rental and food, beverage and catering sales, including liquor. If the total amount of Percentage Rent calculated at the rate of 10% of gross receipts from facility rental, and 6% of gross receipts from food, beverage and catering sales, including liquor, exceeds the base rent in effect for that calendar quarter, within 30 days following receipt by CITY of such Statement of Gross Receipts, CITY shall invoice LESSEE for the amount by which such Percentage Rent for the quarter exceeds base rent for the quarter. c) Upon execution of this Lease, in addition to base rent, LESSEE shall pay to CITY twenty percent (20%) of the gross receipts resulting from sailing or other boating lessons booked or processed by CITY through its marketing or publicity pursuant to a marketing or advertising plan mutually approved by CITY and LESSEE. 07-908/45204 2 SECTION 5. Indemnification LESSEE hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with LESSEE's (or LESSEE's subcontractors, if any) negligent (or alleged negligent) use of the Premises or performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by LESSEE, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by LESSEE for all costs and attorney's fees incurred by CITY in enforcing this obligation. LESSEE will conduct all defense at its sole cost and expense and CITY shall approve selection of LESSEE's counsel, which approval shall not be unreasonably withheld. 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 the LESSEE. SECTION 6. Records and Audit LESSEE agrees to make available for inspection and audit by CITY during normal business hours upon reasonable advance notice, LESSEE'S books and records of gross receipts from facility and boat dock rental and from food, beverage and catering sales. LESSEE will keep and preserve for a minimum of seven (7) years all such books and records adequate to show the basis upon which the calculations set forth in Section 4 of this Lease are based. CITY'S right of inspection and audit of the said books and records shall continue throughout the term of this Lease, any extensions or renewals thereof, and for a period of two years following expiration or termination of this Lease. Such inspection and audit shall be conducted by appointment scheduled in advance by agreement with a designee of the LESSEE. LESSEE shall cooperate with CITY in the scheduling of any such appointment and in making such books and records available. SECTION 7. Bold Over Should LESSEE hold over and continue in possession of the Premises after expiration of the Term of this Lease, or any extension thereof, LESSEE's continued occupancy of said Premises shall be considered a month -to -month tenancy subject to all the terms and conditions of this Lease. SECTION 8. Maintenance 1. CITY shall make yearly physical inspections of the leased premises. CITY may direct that certain maintenance or repairs be performed where such work is necessary to protect the premises or to provide a clean, attractive and well maintained premise. LESSEE shall perform any such maintenance or repairs within thirty (30) calendar days following receipt of such written notice from CITY, provided, however, that if the nature of the repairs is such that more than thirty (30) days are reasonably required for its completion, then it shall not be deemed to be a breach if LESSEE commences such cure within said thirty (30) day period and thereafter diligently prosecutes such repair to completion. 2. All deferred maintenance repairs as noted in Exhibit B will be performed within 12 months of execution of the agreement. LESSEE shall be required to perform all exterior and interior maintenance on the premises throughout the duration of the Agreement. 3. LESSEE shall operate and provide routine maintenance of the docks, at their cost, constituting a part of the Premises and may reserve and take advance reservations for the use of the docks. LESSEE shall not be responsible for major capital improvements, overhauls or repairs, such 07-908/45204 3 as dock or gangway replacement, float replacement, and the like. CITY has the right to reserve the dock space in advance for official CITY events, as needed, and subject to any prior reservations booked by LESSEE. The docks shall at all other times, subject to safety, maintenance and repair requirements, be available to LESSEE's members, guests, and the public. 4. Lessee must comply with all federal, state or local laws and/or regulations. SECTION 9. Damage or Destruction LESSEE shall notify CITY in writing immediately upon the occurrence of any damage to the Premises. In the event that the partial damage to the Premises interferes with LESSEE's ability to use of the Premises, LESSEE's rent shall be abated during the restoration period. In the event of substantial or total destruction of the Premises, CITY and LESSEE each shall have the option to terminate this Lease within thirty (30) days of such destruction, in which event this Lease shall cease and terminate as of the date of such notice and both Parties shall be released without further obligation. For the purposes of this Section 11, substantial destruction shall be deemed to be one-third (1/3) or more of the full replacement cost of the building as of the date of destruction. SECTION 10. Termination By City CITY may, upon thirty (30) days notice in writing to LESSEE for failure to pay rent and/or failure to perform any of the covenants described herein including the express terms or conditions of this Lease (except as provided in section 8) terminate this Lease without further liability to CITY. SECTION 11. Termination by LESSEE LESSEE may, upon thirty (30) days notice in writing to CITY for breach or default by CITY, terminate this Lease without liability to LESSEE in the event of failure by CITY to comply with any of the terms or conditions or agreements hereof LESSEE may terminate this Lease without cause by giving one hundred eighty (180) days prior written notice to CITY. SECTION 12. Insmection by City LESSEE shall permit CITY or CITY's agents, representatives or employees to enter said Premises at all reasonable times for the purpose of inspecting said Premises to determine whether LESSEE is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect CITY's interest in said Premises under this Lease or to perform CITY's duties under this Lease. SECTION 13. Surrender of Premises On expiration or sooner termination of this Lease, and any extensions thereof, LESSEE shall promptly surrender and deliver the Premises to CITY. SECTION 14. Quiet Possession If LESSEE pays the rent and complies with all other terms of this Lease, LESSEE may occupy and enjoy quiet possession of the Premises for the full Lease terrn, and any extensions thereof, subject to the provisions of this Lease. CITY SECTION 15. LESSEE's Personal Proverty CITY and LESSEE hereby acknowledge and agree that LESSEE may, from time to time, install LESSEE's personal property, including, without limitation, furniture, furnishings, floor 07-908/45204 4 coverings, applieances, trade fixtures, accessories, window treatments, lighting and sound equipment. Such personal property shall remain the personal property of LESSEE during the term of the Lease, and any extensions thereof and shall be removed by LESSEE at the expiration, or any sooner termination, of the Lease. SECTION 16. Assignment and Subleasing LESSEE shall not be permitted to assign and/or sublease all or any portion of the Lease or the Premises without the prior written consent of CITY, which may be withheld at the CITY's sole discretion. SECTION 17. Insurance A. Workers' Compensation and Employers' Liability Insurance LESSEE acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. LESSEE covenants that it shall comply with such provisions prior to the commencement of this Lease. LESSEE shall obtain and furnish to CITY workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. LESSEE shall require all sublessees and contractors to provide such workers' compensation and employers' liability insurance for all of the sublessees' and contractors' employees. LESSEE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and LESSEE shall similarly require all sublessees and contractors to waive subrogation. B. General Public Liability Insurance In addition to the workers' compensation and employers' liability insurance and LESSEE's covenant to defend, hold harmless and indemnify CITY, LESSEE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Premises. This policy shall indemnify LESSEE, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Premises, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of 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 Lease shall be deemed excess coverage and that LESSEE's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. C. Property Insurance LESSEE shall provide before commencement of this Lease and shall obtain and furnish to CITY, at LESSEE'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 the Premises and all Improvements, Trade Fixtures, personal property whether or not owned or leased by LESSEE, and all trade inventory in or on the Premises against damage or destruction by fire, theft or the elements. 07-908/45204 5 This policy shall contain a full replacement cost endorsement naming LESSEE 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 leased by LESSEE, 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 LESSEE, 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 and either parry elects to terminate the Lease, the entire amount of any insurance proceeds shall be paid to CITY. The proceeds of any such insurance payable to CITY may be used, in the sole discretion of CITY, for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s) as CITY sees fit. This policy shall also contain the following endorsements: (1) The insurer shall not cancel or reduce the insured's coverage without (30) days prior written notice to CITY; (2) 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 Lease. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed shall be filed with CITY. D. Increase in Amount of General Public Liability and Property Insurance Not more frequently than once every two (2) years, if, in the sole opinion of CITY, the amount and/or scope of general public liability insurance and/or property insurance coverage above at that time is not adequate, LESSEE shall increase the insurance coverage as reasonably required by CITY. E. Certificates of Insurance, Additional Insured Endorsements Prior to commencement of this Lease, LESSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Lease; these certificates shall: (1) provide the name and policy number of each carrier and policy; (2) shall state that the policy is currently in force; and (3) 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 set forth above. 07-908/45204 6 LESSEE shall maintain the foregoing insurance coverages in force during the entire term of the Lease or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from LESSEE's defense, hold harmless and indemnification obligations as set forth in this Lease. CITY or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. LESSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. F. Insurance Hazards LESSEE 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 for the Premises or required by this Lease. LESSEE 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 Lease necessary for the continued maintenance of these policies at reasonable rates. SECTION 18. City's Official Drink Sponsor LESSEE shall comply with any CITY exclusivity agreement the CITY may have with a drink sponsor. LESSEE agrees that only fountain and bottling products shall be bought and sold in, on, or from the Premises for the term of this agreement from the CITY's official drink sponsor. This includes all carbonated and non -carbonated, non-alcoholic beverages defined as soft drinks, juices, juice drinks, teas, isotonics, water and frozen beverages. Frozen beverages shall not include ice creams and frozen yogurts. LESSEE's failure to adhere to the this exclusivity clause shall constitute a material breach of this Lease. SECTION 19. Non -recyclable items prohibited. No pull -top cans or styrofoam containers are to be vended or dispensed from the Premises by LESSEE. All food and beverages vended or served in or on disposable containers or kitchenware shall be sold in recyclable paper or plastic containers. CITY may from time to time inspect the containers, dinnerware and utensils used and dispensed by LESSEE in order to monitor compliance with this section. SECTION 20. Partial Invalidity If any of the provisions of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected thereby. SECTION 21. Good Faith Whenever this Lease grants CITY or LESSEE the right to exercise discretion, establish rules and regulations or make allocations or other determinations, CITY and LESSEE shall act reasonably and in good faith, and subject to the next sentence, take no action which might result in the frustration of the reasonable expectations of the LESSEE and CITY concerning the benefits to be enjoyed under this Lease. In no event shall the preceding sentence prohibit or impair either party's rights under the Lease in the event of a breach by the other party. SECTION 22. Superseding of Prior Lease This Lease shall supersede and replace any existing lease agreements for the Premises currently or previously entered into by the Parties and all supplemental agreements, if any, entered 07-908/45204 7 into by the Parties regarding the leasing of the Premises. This section shall not apply to any continuing obligations that may exist pursuant to prior or existing lease agreements, including but not limited to transfer to ownership rights to any portion of the Premises. SECTION 23. Nondiscrimination LESSEE and its officers, agents, and employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person in the performance of this Lease or the use of the Premises. SECTION 24. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of California. SECTION 25. Notices All notices, demands and other communications required or permitted under the provisions of this Lease shall be in writing, unless otherwise specifically specified to the contrary, sent by personal delivery, by messenger, by registered or certified first class mail, postage prepaid with return receipt requested, or by any recognized overnight mail delivery service providing written confirmation of delivery to the parry or parties herein specified to receive such notices, demands or other communications at the following addresses, or at such addresses as the Parties shall from time to time designate in writing: To CITY: To LESSEE: City of Huntington Beach Huntington Harbour Yacht Club Attn: Director of Economic Development Attn: Commodore 2000 Main Street 3821 Warner Ave., Huntington Beach, CA 92648 Huntington Beach, CA 92649 SECTION 26. Miscellaneous Provisions 1. CITY will use their best efforts to assist LESSEE with marketing of the Yacht Club and any public programs, such as its sailing school, through media published or utilized by the CITY in the course of publicizing and marketing the CITY's recreational attractions and assets. 2. LESSEE shall actively market the use of the Premises on such terms as the LESSEE deems appropriate, subject to Yacht Club's own events, programs and uses of the Premises, as a facility for community activities, with an emphasis on water -related educational and recreational activities and opportunities. 3. LESSEE shall add CITY to the distribution list of LESSEE's monthly publication, whether in print or electronic form, sent to LESSEE's members, that describe or list the events and activities conducted or sponsored by LESSEE. In the event that LESSEE ceases the publication of any such monthly medium, LESSEE shall provide CITY with quarterly reports describing LESSEE's activities and events held on the Premises. 4. In the event that the adjacent Fire Station vacates, LESSEE and CITY will discuss new site plan which enhances scope of activities for which the Yacht Club can be utilized. 5. LESSEE shall have the right to use thirty (30) reserved spaces for its use within the parking lot adjacent to the Premises, accessed from Warner Avenue, and shall have non-exclusive right to use the remainder of such parking lot on a non-exclusive, first -come basis for LESSEE's 07-908/45204 8 events and functions, and those of third parties who- rent the Yacht Club facility provided that such use shall not interfere with access to or use of the launch ramp facility adjacent to the Premises. 6. LESSEE shall not add/side tie any structure, item, or water craft to the docks that constitute a portion of the Premises for a period of more than five (5) days without written permission from the Director of Community Services. 7. CITY will incorporate a Yacht Club link on the Community Services website in order to promote activity and act as an advertising tool. 8. CITY shall have the right to inspect and disapprove any merchandise sold by LESSEE. LESSEE may not sell religiously oriented or adult themed merchandise. SECTION 27. Entirety The foregoing, including any exhibits attached hereto and incorporated herein, sets forth the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by and through their authorized officers on -' C Z- f —0 --goo!? HUNTINGTON HARBOUR YACHT CLUB, eell By: print name ITS: (circle one) Chairm (�rar esidex 4;/Vice President CITY OF HUNTINGTON BEACH, a municipal co oration of the State of California . AND INITIATED AND APPROVED: By: y--Gt,� s _ print name Director of Economic LVevelopment ITS: (circle one) S cretary/Chief Financial Officer Asst. Secreta Treasurer APPROVED AS TO FORM: I� City Attorney A " q_ Al-/b Lf• I S. Iv 07-908/45204 9 -Z1i''.'� ., r .... .' f' ,. r, k1+tiii cJ`ui �i7;t.�d':'34Y'ri: EXHIBIT "A" Map produced by information contained in the City of Huntington Beach Information Services Department Geographic Information System. Information warranted for City use only. Huntington Beach does not guarantee its completeness or accuracy. Map Produced on 1/12/2010 11(§F. HP S CA 15 0 35 70 One inch equals 35 feet EXHIBIT B The following are deferred maintenance items and alterations to conform to code require-nents that Lessee agrees to perform by the due dates indicated. To the extent that City permits are not issued by the dates indicated in the time line below compliance, the Lessee's deadline for completion of the repair or alteration shall be extended by the number of days between the date of issuance of the permit in question and the target permit issuance date set forth below. Description Permit Completion Date Time 1. Permitted dedicated 15 amp circuit for 2 weeks July 30, 2009 window air conditioner in front office. Feed to outlet may be covered track -wall mounted configuration. 2. Elevator/chair lift needs electrical permit. A TBD building plan, permit and inspection is required for portion of guardrail cut out on balcony for chair door, footing for lift, etc. Slope and size of approach does not comply with ADA. Elevator to be used as freight elevator until & unless City and Lessee determine to comply with ADA requirements. _ 3. City to look into switches and controls for By Citv exterior planter lights that appear to be I controlled from within adjacent fire station. If possible, control to be moved to Lessee's premises. 4. Storage items to be removed from bottom of N.A. Complete the north stairs. 5. Repair or replace make-up air vent fan for N.A. July 30, 2009 the kitchen which is inoperative. Verify that it is linked to exhaust hood. 6. Obtain necessary permits for "ship's store," 2 weeks August 7, 2009 with its relocated real wall. Include sprinkler coverage verification and make sure electrical outlets are permitted. Exhibit B 7. Utility sink and water heater on north side 2 weeks August 7, 2009 exterior of building need required plumbing permits and inspections. Sink needs to be relocated so that sink drain centerline is within 3 feet of adjacent drain line tie in. Sink p-trap needs installation with 1/4" slope from p-trap to adjacent drain line tie-in. Sink needs cover or awning. RepIumb a I/2" copper line from the existing manifold on the building exterior over and through the exterior wall, then to an interior valve and tubing tie-in to coffee maker. Replace all foam patching with exterior grade wood/masonry patching compound. Secure water heater with seismic straps. Make sure water heater is listed for exterior installation. 8. Replace existing emergency lights in both N.A. July 30, 2009 stairwells to new code compliant lights. 9. Fireplace vent tubing needs minimum of 3 N.A. July 24, 2009 screws per joint, rather than the 2 existing. 10. Reattach loose j-box at mezzanine above N.A. July 24, 2009 first floor dining area. 11. Obtain permit and inspection of 2" floor 2 weeks July 30, 2009 north-east corner trophy room to insure adequate sprinkler and electrical compliance. i 12. Second floor equipment room. Water N.A. July 24, 2009 heater requires plumbing permit and inspection. Vent needs proper double wall tubing & attachment screws. T&P drain relief line must run to exterior. Add seismic strap to top third of water heater. Close open j-boxes. Remove all extension cords through walls. Code compliant conduit covered circuit and electrical switch to be provided to the vent fan which also needs a grill installed. Plywood patches for the removed heaters need screws to attach to floor Joists. 13. Code -compliant outlet to be provided for N.A. August 14, 2009 t.v. in south-west corner of bar area. Raise t.v. for adequate head clearance. -2- Legal Description Sheet 1 of 2 THAT PARCEL OF LAND LOCATED IN FRACTIONAL SECTION 30, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, SAID PARCEL ALSO BEING A PORTION OF THE LAND DESCRIBED AS PARCEL ONE, OF PARCEL SEVEN IN THE CORPORATION GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED JULY 30, 1970, IN BOOK 9360, PAGE 178 AND A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED APRIL 21, 1971, IN BOOK 9613, PAGE 233, BOTH OF OFFICIAL RECORDS AND SHOWN ON RECORD OF SURVEY 2009-1107, FILED IN BOOK 237, PAGE 24 AND 25, OF RECORDS OF SURVEY ALL OF WHICH ARE LOCATED IN THE RECORDERS OFFICE OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY CORNER OF TRACT 5775 AS SHOWN ON NTHE MAP FILED IN BOOK 210, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, SAID CORNER LIES ON THE CENTERLINE OF WARNER AVENUE, SAID CENTERLINE BEING THE SOUTH LINE OF THE NORTH ONE HALF, OF THE NORTH ONE HALF, OF SAID FRACTIONAL SECTION 30; THENCE SOUTH 89"51'53" WEST, 632.00 FEET, ALONG `.SAID CENTERLINE TO THE SOUTHEASTERLY CORNER OF THE LANDS AS DESCRIBED IN SAID GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED APRIL 21, 1971, IN BOOK 9613, PAGE 233, OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LANDS DESCRIBED IN SAID GRANT DEED, NORTH 00°08'07" WEST, 60.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LANDS AS DESCRIBED IN THE CORPORATION GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED JULY 30, 1970, IN BOOK 9360, PAGE 178 OF OFFICIAL RECORDS; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00`08'07" WEST, 141.86 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 71'00'00" EAST, 18.70 FEET, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 71°00'00" EAST, 97.92 FEET; THENCE AT RIGHT ANGLES NORTH 19'00'00" WEST, 15.97 FEET; THENCE AT RIGHT ANGLES NORTH 71°00'00" EAST, 29.78 FEET TO A LINE PARALLEL WITH AND 21.00 FEET WESTERLY OF THE WEST LINE OF THE SOUTHERLY EXTENSION OF THE STATE OF CALIFORNIA CHANNEL AS DESCRIBED IN THE CORPORATION GRANT DEED TO THE CITY OF HUNTINGTON BEACH, AS PARCEL TWO, OF PARCEL SEVEN, RECORDED JULY 30, 1970, IN BOOK 9360, PAGE 178 OF OFFICIAL RECORDS, AS SHOWN ON SAID RECORD OF SURVEY 2009-1107; Exclusive Lease Area Huntington Harbor Yacht Club CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS romLVA 1'1'_ t' LEGAL DESCRIPTION (CONY) Sheet 2 of 2 THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 19°00'00" WEST, 62.89 FEET; THENCE WESTERLY LEAVING SAID PARALLEL LINE, SOUTH 89°51'53" WEST, 87.30 FEET; THENCE SOUTHWESTERLY SOUTH 71°00'00" WEST, 45.10 FEET; THENCE SOUTH 19'00'00" EAST, 107.08 FEET TO THE TRUE POINT OF BEGINNING, OF THIS DESCRIPTION. CONTAINING 12,033.1 SQUARE FEET MORE OR LESS, (0.3 ACRES) EXHIBIT "C-1" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. n �,ANp � G = O JOSEPH G. DERLETH EXP.12-31-11 PLS 7340, EXPIRES 12/31 /11 * �` sr L.S. 7340 9TF OF CFO Exclusive Lease Area Huntington Harbor Yacht Club CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) I inch = 30 ft. NE'LY COR, _N89'51'53"E, 258.75' 9613/233 O.R. 0.2'TIE-\ L1 0.2'TIE-1 TABLE OF DIMENSIONS: L1= (N00'08'07"W, 60.00' R) L2= (N00'08'07"W, 141.86' R) L3= N71'00'00"E, 18.70' L4= N19'00'00"W, 15.97' L5= N71 *00'00"E, 29.78' L6= N19'00'00"W, 62.89' L7= S71'00'00"W, 45.10' L8= S19'00'00"E, 18.43' L9= N25'35'00"E, 5.44' L10= N71'00'00"E, 10.60' L11=S64'25'00"E, 3.73' L12=N71'00'00"E, 12.71' L13=N19'00'00"W, 33.14' L14=(N89'51'53"E, 50.00' R) --EXISTING 8" zol BLOCK WALL. 0 Ci EXCLUSIVE �I LEASE LINE �I OHANG w o TYP Lo W'LY LINE f9613/233 O.R. [N'LY LINE WARNER AVE PER 11600/1582 OR \------- ---- �� SE'LY COR, - 9613/233 O.R. L14 L2 L1 NE'LY COR, PAR 1, OF R) PAR 7, 9360/178 O.R. W'LY LINE OF S'LY o EXTENSION, 400' WIDE STATE OF CALIFORNIA o CHANNEL o, w r 21.0' D TIE o \ .7'TIE\ o > 17.1'TIEV\ o N REFERENCE: ��\ �rn R=RECORD PER RECORD � OF SURVEY 2009-1107, do- FILED IN BOOK 237. PAGES 24 AND 25 OF .6'TIE RECORDS OF SURVEY. `5 \A oocK R PMP rQ —FLAG 21.0�` POLE TIE \ 1 �1 � `12 1 �9 R F\RE EXCLUSIVE LEASE---/ AREA=12,033.1f SQ FT (0.3 ACRES) I 9.1'TI� _EXCLUSIVE LEASE LINE _ N89'51'53"E, 381.62' 1'TIE S89'51'53"W. 87.30' -EXISTING 8" BLOCK WALL. OHANG TYP�� Ng pG csQ LA � EXCLUSIVE LEASE LINE 21.6'TI 23.3'TIE f 2 N�100 .5 TIE Sf \-TRUE POINT OF BEGINNING S'LY SE'LY COR E W P P�\pN s PAR 1, OF PAR 7, S'LY LINE, PARCEL 1 OF 9360/178 O.R. _ _ �-PARCEL 79360/178 O.R. ��m POINT OF S'LY LINE, N1/2, N1/2 COMMENCEMENT - /,-- FRAC SEC 30, T5S, R11 W _ (S89'51'53"W, 632.00' R) ZD U I�- U U) Y Of 0 _v J m D m h 0 z w Q m W 0 Legal Description Sheet 1 of 2 THAT PARCEL OF LAND LOCATED IN FRACTIONAL SECTION 30, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, SAID PARCEL ALSO BEING A PORTION OF THE LAND DESCRIBED AS PARCEL ONE, OF PARCEL SEVEN IN THE CORPORATION GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED JULY 30, 1970, IN BOOK 9360, PAGE 178 AND A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED APRIL 21, 1971, IN BOOK 9613, PAGE 233, BOTH OF OFFICIAL RECORDS AND SHOWN ON RECORD OF SURVEY 2009-1107, FILED IN BOOK 237, PAGE 24 AND 25, OF RECORDS OF SURVEY ALL OF WHICH ARE LOCATED IN THE RECORDERS OFFICE OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY CORNER OF TRACT 5775 AS SHOWN ON NTHE MAP FILED IN BOOK 210, PAGES 11 AND 12 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY, SAID CORNER LIES ON THE CENTERLINE OF WARNER AVENUE, SAID CENTERLINE BEING THE SOUTH LINE OF THE NORTH ONE HALF, OF THE NORTH ONE HALF, 0! SAID FRACTIONAL SECTION 30; THENCE SOUTH 89'51'53" WEST, 632.00 FEET, ALONG SAID CENTERLINE TO THE SOUTHEASTERLY CORNER OF THE LANDS AS DESCRIBED IN SAID GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED APRIL 21, 1971, IN BOOK 9613, PAGE 233, OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LANDS DESCRIBED IN SAID GRANT DEED, NORTH 00'08'07" WEST, 60.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LANDS AS DESCRIBED IN THE CORPORATION GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED JULY 30, 1970, IN BOOK 9360, PAGE 178 OF OFFICIAL RECORDS; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE, NORTH 00'08'07" WEST, 141.86 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 71'00'00" EAST, 116.63 FEET, TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE AT RIGHT ANGLES SOUTH 19'00'00" EAST, 18.43 FEET; THENCE NORTH 25'35'00" EAST, 5.44 FEET; THENCE NORTH 71'00'00" EAST, 10.60 FEET; THENCE SOUTH 64'25'00" EAST, 3.73 FEET; Non —Exclusive Lease Area Huntington Harbor Yacht Club L10A.4 to CITY OF HUNTINGTON BEACH FqD DEPARTMENT OF PUBLIC WORKS 1ma-M1 2 LEGAL DESCRIPTION (CONY) Sheet 2 of 2 THENCE NORTH 71'00'00" EAST, 12.71 FEET TO A LINE PARALLEL WITH AND 21.00 FEET WESTERLY OF THE WEST LINE OF THE SOUTHERLY EXTENSION OF THE STATE OF CALIFORNIA CHANNEL AS DESCRIBED IN THE CORPORATION GRANT DEED TO THE CITY OF HUNTINGTON BEACH, AS PARCEL TWO, OF PARCEL SEVEN, RECORDED JULY 30, 1970, IN BOOK 9360, PAGE 178 OF OFFICIAL RECORDS, AS SHOWN ON SAID RECORD OF SURVEY 2009-1107; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 19'00'00" WEST, 33.14 FEET; THENCE AT RIGHT ANGLES, LEAVING SAID PARALLEL LINE, SOUTH 71'00'00" WEST, 29.78 FEET; THENCE SOUTHERLY AT RIGHT ANGLES SOUTH 19'00'00" EAST, 15.97 FEET, TO THE TRUE POINT OF BEGINNING. OF THIS DESCRIPTION. CONTAINING 953.1 SQUARE FEET MORE OR LESS. EXHIBIT "D-1" ATTACHED AND BY THIS REFERENCE MADE A FART HEREOF. AN p 5�` G. F G� S O JOSEPH G. DERLETH PLS 7340, EXPIRES 12/31 /11 Non —Exclusive Lease Area Huntington Harbor Yacht Club CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS EXP. 12-31-11 * it LS. 7340 lF OF CA\_\' GRAPHIC SCALE 30 0 15 30 60 — — — ( IN FEET ) 1 inch = 30 ft. NE'LY COR, _N89'51'53"E, 258.75' 9613/233 O.R. TABLE OF DIMENSIONS: L1= (N00'08'07"W, 60.00' R) L2= (N00'08'07"W, 141.86' R) L3= NOT USED L4= S19'00'00"E, 15.97' L5= S71'00'00"W, 29.78' L6= N19'00'00"W, 62.89' L7= S71'00'00"W, 45.10' L8= S19'00'00"E, 18.43' L9= N25'35'00"E, 5.44' L10= N71'00'00"E, 10.60' L11= S64'25'00"E, 3.73' L12= N71'00'00"E, 12.71' L13= N19'00'00"W, 33.14' L14= (N89'51'53"E, 50,00' R) �� EXISTING 8" BLOCK WALL. of 0 Cli EXCLUSIVE \ o� LEASE LINE �I o\ CHANG o� �\TYP L0 NE'LY COR, PAR 1, OF - N89'51'53"E, _381.62' R)_ PAR 7, 9360/178 O.R. , W'LY LINE OF S'LY ;. ;. ; :. o EXTENSION, 400' WIDE STATE OF CALIFORNIA 00- CHANNEL o_ w �- S89'51'53"W, 87.30' ��� � EXISTING 8" 21.0' U) CDBLOCK WALL. / TIE w o OHANG O N TYP � '�r `�✓ w a\o Q \ flfl��� < N u a � REFERENCE: GOON g\,QG �c�`, ��rn R=RECORD PER RECORD C\,\)8 OF SURVEY 2009-1107, PGN� SQ �A FILED IN BOOK 237. All \ PAGES 24 AND 25 OF 6.6'TIE RECORDS OF SURVEY. o� EXCLUSIVE oLEASE LINE _ oI g"i9„ 1�66 701 W'LY LINE �I �9613/233 O.R. N'LY LINE WARNER AVE L2 PER 11600/1582 OR U, - \---------- - �� SE'LY COR, L1 9613/233 O.R_ L14 S'LY SE'LY COR PAR 1, 9360/ T R U > BEG NON -EX AREA=9 7.6'TIE,RPMp 12.2'TIE �15.4'TIE 23.3'TIE' FLAG POLE E POINT OF 1.6TIE INNING L9 .5'TIER CLUSIVE LEASE `NPP�\�\� 53.1 f SO FT S� OF PARS 7, S'LY LINE, 178 O.R. PARCEL 7, S'LY LINE, N1/2, N1/2 � FRAC SEC 30, TSS, R11 W (S89'S1'S3"W, 21.0�� TIE \ 2.8'TIE E \ F\R PARCEL 1 OF cnlz 9360/178 O.R. �Im POINT OF COMMENCEMENT 632.00' R) J U w w I-- =a >- Q w � J mw S J Z X LiO� Uz Z Z I-- tO� U Lim Lam. O U 0 U _ J m m RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approve Lease and Management Agreement between Huntington Harbour Yacht Club and the City of Huntington Beach COUNCIL MEETING DATE: July 20, 2009 RCA `.ATTAC H M E°N TS '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 Ap licable 11 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 Attomey) 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 Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXP L/AHAT�OH FOR My W11HG ATTACH it C HTS REVIEWED RETURNED -" FOR RDED Administrative Staff ) ) Deputy City Administrator (Initial) ) City Administrator (Initial) or U) City Clerk EXPLANATION (Belo.w°Space For City Clerk's Use Only) - RCA Author: T. Krause ext. 1529 INSURANCE AND INDEMNIFICATION RIDER ®MODIFICATION REQUEST 4Yv 1. Requested by: Tina Krause/Economic Development �Qg AUG2 15 2. Date: August 21, 2009 f Huntington 3. Name of contractor/permittee: Huntington Harbour Yacht Club (HH L ittcrnoy's i "' ie.:: 4. Description of work to be performed: Lease Agreement 5. Value and length of contract: Thirty year term 6. Waiver/modification request: Waiver of zero deductible policy on property insurance. 7. Reason for request and why it should be granted: HHYC has a $1,000 deductible on their Property insurance. 8. Identify the risks to the City in approving this waiver/modification: No risks involved. 8/21 /09 Department Head Signature Date: APPROVALS Approvals must be.obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the ity Attorney's pffice disagree. 1. 's'slk Management WAroved pp ❑ Denied 5' Signature Date 2. City Attorney's Office Approved ❑ Denied,. Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,.the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be.filed with the Risk Management Division of Administrative Services hhyc waiver 8.21.09 8/21 /2009 3:49:00 PM rre..441. I A772 ul IsiTIuAnon AC CERTIFICATE F LIABILITY INSURANCE ,M 0724/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gowrie, Barden & Brett, Inc. 70 Essex Road Westbrook, CT 06498 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 860 399-5945 INSURERS AFFORDING COVERAGE NAIC # INSURED Huntington Harbor Yacht Club 3821 Warner Avenue INSURER A: Federal Insurance Company 20281 INSURER S: INSURER C. Huntington Beach, CA 92649 INSURERD: INSURER E: 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 :NSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE (MMIDDMn LIMITS A GENERAL LIABILITY 35828322 05/07/09 05/07/10 EACH OCCURRENCE $1 000 ODO X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR DAMAGE TO RENTED P E5 IEa occur $1 00O 000 MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1 00O 000 GENERAL AGGREGATE $2 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 17 POLICY PRO- ECT 7 LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS POVED T Wj, BODILY INJURY (Per Person) $ BODILY INJURY BODILYINJURY accident) $ ,� me� pry,,p�p�' Qe"e— rztyi2! �PROPERTY DAMAGEt041 accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY X1 OCCUR CLAIMS MADE 79840827 05/07/09 05/07/10 .EACH OCCURRENCE $1 000 000 AGGREGATE $1 000 000 $ $ DEDUCTIBLE X RETENTION $ O $ WORKERS COMPENSATION AND WC STATU- OTH- LIM EMPLOYERS' LIABILITY' E.L. EACH ACCIDENT $—. ANY PROPRIETOR/PARTNER/EXECUTIVE ' E.L. DISEASE - EA EMPLOYEE - $ OFFICERIMEMBER EXCLUDED? if yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Huntington Beach, its officers, elected or appointed official, employees, agents and volunteers is an Additional Insured for General Liability only with respects to the operations of the Named Insured. (See Attached Descriptions) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'In DAYS WRITTEN TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL 'OSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AL;UKU ZO (ZUUTlUtI) 1 of 3 #S31317/M25431 DAH 0 ACORD CORPORATION 1988 IMPORTANT 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 holder 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 alter the coverage afforded by the policies listed thereon. ACORD 25-3 (2001103) 2 of 3 #S31053JM25431 DESCRIPTIONS (Continued from Page 1) AMS 25.3 (2001108) 3 of 3 #531053/M25431 POLICY NUMBER: 3582-83-22EZG COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach, CA 92648 Re: Regarding Lease for 3821 Warner Avenue Huntington Beach, CA 92649 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. N1tNITIHARRO ACORD- EVIDENCE OF PROPERTY INSURANCE DATE(MMIDDNY) 07/10/2009 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 PHONE NOEat. 860 399.5945 INC.Gowrie, COMPANY Barden & Brett, Inc. Federal Insurance Company 70 Essex Road 555 Long Wharf Drive Westbrook, CT 06498 New Haven, CT 06511 CODE: SUB CODE: AO CY CUSTOMERID INSURED LOAN NUMBER POLICY NUMBER Huntington Harbor Yacht Club 35828322 3821 Warner Avenue EFFECTIVE DATE EXPIRATION DATE Huntington Beach, CA 92649 05/07/09 05/07/14 TEI CONTINUED IL TERMINATED IFTCHECXED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATIONIDESCRIPTION 3821 Warner Avenue Sunset Beach, CA 90742 Clubhouse COVERAGE INFORMATION COVERAOEIPERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Commercial Property Location Specific Coverages Location #: 1 3821 Warner Avenue Sunset Beach, CA 9D742 Building#:1 Clubhouse Coverage: Building 1,297,920 $1,000 Cause: Special (including Theft) REMARKS (Including Special Conditions) The City of Huntington Beach, its officers, elected or appointed official, employees, agents and volunteers, 2000 Wain St., Huntington Beach, CA 92648, regarding Lease for 3821 Warner Ave., Huntington Beach, CA 92649 is an Additional Insured for General Liability. Liability only with respects to the operations of the Named Insured. CANCELLATION 10 Days for Non -Payment THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 DAYS WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED City of Huntington Beach,its LOSS PAYEE X Additional Less officers, elected or appointed off LOAN n 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE � / � I ACORD 27 3193) 1 of 1 $4810 DAM 0 ACORD CORPORATION 199 p.2 CERTHOLDE R COPY STATE P.O. 80X 420807, SAN FRANC)SCO.CA $4142-0807 INSUAAWCG Pis N CERTIFICATE OF WORKERV COPAPENSAMON t1dMMANCE ISSUE PATE: 09-05-2009 tau' POLICY NLPN$ER 0732729-20" CERTIFICATE 10: a CSTTiFLCATE EXPMS& 09-01-2010 Q2-01-200!/0'd-09-@010 THIS CERTIFICATE SUPERUDIS AM CORRECTS CERTIFICATE A 8 XATIO 08-01-2000 CITY OF MIBHTItWGN SEMN SD RISK 1 "111EHHENT Iwo RUN ST lermTl?WCN BEACH CA 911048-8702 TMs is to cerWy that we have issued a vaild Workers Compensation tmurx" pO1ky In a form approved by the California Insurarnce COMMISfuMor to *to employer named below for the policy period Indfoated. This policy it not subject to cwmeUetion by the Amd except upon 90 days advance vwftten nogeo to the employer. WO W;ii also give You SO do/s advance, notice should thfs policy be cancelled prior t0 As normal expIradoR Tits certtficete of inswance is not an irtswence Witt' and dogs net anend. extend or after die coverage aftwdoo by the policy toted Mre&► Notwit21stDtd." arty reQ ir4mar term or condition of vW cordfact to other decunwt with t'esPact to which t* certiltesto of rosursf o may to issued at to which It may pwb*,rL the Insnroce afforded by the oaf v described Imesin is subject to ad tho terft. exCIVAiam. and conditions. of such policy. W44�,,� *6,� ORIZW REPAESFNTA PRESIDENT 61PLUTCR'S LIABILITY LIMIT IWCLUOINo DEFENSE COSTS: 21.00.0 0 PER 430MA ENCE. ENDORS58tENT Roots JENTITLED ADOITIUML INSURED Ee0'LSYER EFPICYIVE 2*08-09-05 IS ATTACMF9 TO APO FOPAS A PART OF THIS POLICY. MME OF AMTXCK4L INSURED: CITY OF HUNrTNOTON aEACt EHtOM01ENT 02033 ZKTITLID 68RTIFICATE Itot,DERS' NOTICE EFFECTIVE 02-01-188D IS ATTA0*O TO AND FOMS A PART OF "S POLICY. FamPIOYER TG>Td ZNO7Ofi YACW CLUB So 9921 UAMEA AVE ittAMNGTON 9EAC" CA 92940 unrv.t-0 11 Yolcm PRYIdTED 03-05-4009 so POLICY NUMBER: 36828322 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers 2000 Main Street Huntington Beach, CA 92648 Re: Regarding Lease for 3821 Warner Avenue Huntington Beach, CA 92649 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you.