HomeMy WebLinkAboutHUNTINGTON BEACH AUTO DEALERS ASSOCIATION - 1992-09-21Council/Agency Meeting Held:/% % 016
i Defi=;rred/Continued to:
*pp ved ❑ Conditionally Approved ❑ Denied C y Clefk's Sigria re
i._ Council Meeting Date: November 15, 2010 Department ID Number: ED 10-55
CITY OF HUNTINGTON -BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: Honorable Mayor/Chair and City Council/Redevelopment Agency
Members
SUBMITTED BY: Fred A. Wilson, City Administrator/Executive Director
PREPARED BY: Stanley Smalewitz, Director of Economic Development/Deputy
Executive Director
SUBJECT: Approve and authorize execution of Amendment No. 2 to the Lease
Agreement between the City and the Redevelopment Agency and the
Amended and Restated Agreement between the Redevelopment
Agency and the Automobile Dealers Association for the Site of the
Electronic Reader Board Sign along the 405 Freeway
Statement of Issue: The City Council and Redevelopment Agency are asked to approve
Amendment No. 2 to the lease agreement between the City and Redevelopment Agency and
Vile, Amended and Restated Agreement between the Redevelopment Agency and the
Automobile Dealers Association for the site of the electronic reader board sign along the 405
Freeway. Both amendments call for an extension of the agreement until November 15, 2030,
as well as other provisions for the sale of advertising space.
Financial Impact: City will receive 5% of gross advertising revenue less electric utilities
and insurance costs.
City Council/Redevelopment Agency Recommended Action: Motion to:
Approve and authorize the City/Agency Clerk and Mayor/Chairman to execute "Amendment
No. 2 to Lease Agreement Between the City of Huntington Beach and the Redevelopment
Agency of the City of Huntington Beach for a Property Located Adjacent to the 405 Freeway
in the City of Huntington Beach."
Redevelopment Agency Recommended Action: Motion to:
Approve and authorize the Agency Clerk and Chairman to execute the "Amended and
Restated Agreement Between the Redevelopment Agency of the City of Huntington Beach
and The Huntington Beach Auto Dealers Association For the Use Of Property Located
Adjacent to the 405 Freeway in the City of Huntington Beach."
Alternative Action(s): Do not approve the lease amendments.
HB -239- Item 21. - 1
REQUEST FOR COUNCIL ACTION
MEETING DATE: 11/15/2010 DEPARTMENT ID NUMBER: ED 10-55
Analysis:
In 1992, the City leased to the Agency City -owned property along the 405 Freeway, and the
Agency sub -leased the property to the Auto Dealers Association for the building of an
electronic reader board sign. The term for both leases originally expired in 2007 at which
point City Council approved an additional 15 year extension until 2022.
The proposed amendments will allow the Auto Dealers Association the ability to contract with
a qualified sign company to market and sell 70% of the available advertising time to
businesses within the Redevelopment Area. This revenue will allow the Auto Dealers
Association to advertise in more print advertisements and television commercials which they
have determined is more affective. The other 30% of advertising time is allocated per the Cal
Trans Permit to public service announcements (5% of time) and the Auto Dealers
Association (25% of time). The City will receive 5% of the gross advertising revenue less
electric utilities and insurance costs.
Both amendments would also allow Auto Dealers Association the ability to pursue financing
to modernize the reader board. In order to obtain the necessary financing, creditors need the
assurance of a 20 year agreement. If approved, Amendment No. 2 and the Amended and
Restated Agreement would extend the term of both agreements for 20 years until November
15, 2030.
The Auto Dealers Association has reviewed and approved the Amended and Restated
agreement (Attachment 2).
Environmental Status: Not applicable
Strategic Plan Goal: Maintain financial viability and our reserves
Attachment(s):
1 "Amendment No. 2 to Lease Agreement Between the City of Huntington Beach and
the Redevelopment Agency of the City of Huntington Beach for a Property Located
Adjacent to the 405 Freeway in the City of Huntington Beach."
2 "Amended and Restated Agreement Between the Redevelopment Agency of the
City of Huntington Beach and The Huntington Beach Auto Dealers Association For
the Use Of Property Located Adjacent to the 405 Freeway in the City of Huntington
Beach."
Item 21. - 2 HB -240-
ATTACHMENT
x
AMENDMENT NO. 2 TO LEASE AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH FOR A
PROPERTY LOCATED ADJACENT TO THE 405 FREEWAY
IN THE CITY OF HUNTINGTON BEACH
THIS AMENDMENT NO. 2 is made and entered into by and between the CITY
OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"LESSOR," or "CITY" and THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH, a public body, corporate and politic, hereinafter referred to as
"LESSEE" or "AGENCY."
WHEREAS, pursuant to a Disposition and Development Agreement (DDA)
between the AGENCY and the Huntington Beach Automobile Dealers Association the
CITY has leased certain property to the AGENCY such that the property could be
subleased to the Huntington Beach Auto Dealers for construction and operation of an
electronic reader board sign used for advertising, and
The LESSEE and LESSOR are parties to that certain Lease Agreement dated
September 21, 1992, entitled "Lease Agreement Between the City of Huntington Beach
and the Redevelopment Agency of the City of Huntington Beach for a Property Located
Adjacent to the 405 Freeway in the City of Huntington Beach," which agreement shall
hereinafter be referred to as the "Original Lease;" and
The LESSEE and LESSOR amended the Original Lease in 2006 to extend the term
of the Original Lease until September 19, 2022; and
LESSEE and LESSOR wish to again amend the Original Lease to extend the Term,
NOW, THEREFORE, it is agreed by LESSEE and LESSOR as follows:
1. EXTENSION OF TERM
Section 4. Term of the Original Lease is hereby extended to expire on November
15, 2030 unless terminated earlier as provided by the Original Lease.
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Lease shall remain in full force and effect.
06-432.001 /53937 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on 2010.
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a public
body corporate and politic
By:
C ai
By:
Agency tieNN,
INITIATED AND PP OVED:
By: ,.
Deputy E cut've Dbector
REVIEW D APPROVED:
By:
fAti;e Director
APPROVED AS TO FORM:
By: if—, OZ� ,// '5
a, Agency General Counsel
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
INITIATED AND APP VED:
Director of Economic DQveUpment
REVIE ND APPROVED:
Citypurnkistrator
APPROVED AS TO FORM:
City Attorney `L
06432.001/53937 2
ATTACHMENT #2
AMENDED AND RESTATED AGREEMENT BETWEEN THE
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH AND THE HUNTINGTON BEACH AUTO DEALERS
ASSOCIATION FOR THE USE OF PROPERTY LOCATED ADJACENT TO
THE 405 FREEWAY IN THE CITY OF HUNTINGTON BEACH
THIS AMENDED AND RESTATED AGREEMENT is made and entered into by and
between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public
body, corporate . and politic, hereinafter referred to as "LESSOR" or "AGENCY" and the
HUNTINGTON BEACH AUTO DEALERS ASSOCIATION hereinafter referred to as "LESSEE".
WHEREAS, pursuant to a Disposition and Development Agreement (DDA) between the
AGENCY and the LESSEE, the City has leased certain property to the AGENCY which allows the
property to be subleased to the Huntington Beach Auto Dealers for construction and operation of an
electronic reader board sign used for advertising, and
This Agreement restates and implements the Terms of the DDA, and
The LESSEE and LESSOR are parties to that certain Lease Agreement dated September 21,
1992, entitled "Lease Agreement Between the City of Huntington Beach and the Redevelopment
Agency of the City of Huntington Beach for a Property Located Adjacent to the 405 Freeway in the
City of Huntington Beach," which agreement shall hereinafter be referred to as the "Original Lease;"
and
The LESSEE and LESSOR amended the Original Lease in 2006 to extend the term of the
Original Lease to September 19, 2022; and
The LESSEE and LESSOR entered into a Loan Agreement which amended the Original
Lease in 2006 to extend the term of the Original Lease until September 19, 2022; and
LESSEE and LESSOR wish to again amend the Original Lease to extend the Term, as well
as compensation and advertising covenants to reflect the current status of the sign. In addition,
LESSOR and LESSEE wish to restate and implement salient provisions of the DDA, California
Department of Transportation Outdoor Advertising Display Permit (Cal. Trans Permit), License
Agreement and Loan Agreement;
NOW, THEREFORE, it is agreed by LESSEE and LESSOR as follows:
Section 3. Rent, as set forth in the Original Lease and as amended in the 2006 Amendment
regarding compensation for use of the premises, is hereby amended to provide that LESSEE shall
06-432.001/54713 1 dY
pay 5% of quarterly gross advertising revenue less electric utilities and insurance cost. If at any time
gross advertising revenues fall below $26,000 or the amount budgeted for electric utilities and
insurance, as reflected in the annual Huntington Beach Auto Dealers Association Business
Improvement Districts budget approved by the City increases beyond the advertising revenue,
LESSOR will not be responsible for said electricity and insurance costs. The LESSOR may terminate
this provision at any time at its sole discretion and this amended rent provision will revert to the
original Rent as stated in the DDA and Lease agreements. Payments shall be made to the LESSOR
on a quarterly basis beginning the first quarter following the execution of this agreement.
Section 4. Term of the Original Lease is hereby extended to expire on November 15, 2030,
unless terminated earlier as provided by the Original Lease.
Restatements regarding the DDA Original Lease Loan Agreement and any amendments thereto:
a. The City's use of the reader board shall be limited to 5% for public service
announcements as set forth in Section 3 Rent of the Original Lease as amended by the Loan
Agreement Dated April 13, 2004 as well as Cal. Trans Permit No. RM12-0001 and amendment Nos.
1 and 2 (said amendments shall be collectively referred to as "Amendments or Amended").
b. Pursuant to the Cal. Trans Permit No. RM12-0001 up to 25% of advertising time for
reader board use will be reserved to advertise the Beach Boulevard Car Store and the Auto Dealers
Association.
C. Pursuant to the DDA Attachment 3, the Auto Dealers will contract with a qualified
sign company to market and sell the remaining advertising space.
d. Pursuant to Section 4.3 of the DDA and Cal Trans Permit No. RM12-0001
advertising time may only be sold to businesses within the Huntington Beach Redevelopment Project
Area. LEESEE shall provide to the LESSOR an Annual Report listing all advertising sold during the
calendar year including names and addresses of the businesses.
e. Pursuant to the DDA and Amended Lease agreements and/or Loan Agreement, Auto
Dealers Association will hold the City and the RDA harmless, as provided in those separate
agreements, from any damages, including fines and/or penalties imposed from Cal. Trans or any
other government agency or authority regarding violations of Permit No. RM12-00010r otherwise
that occurs as a result of the Auto Dealers Association use of the electronic reader board sign or
property thereto.
2
06432.001/54713
REAFFIRMATION. Except as specifically modified herein, all other terms and conditions
of the Original Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers the day of /-/D2010.
HUNTINGTON BEACH AUTO DEALERS
ASSOCIATION, INC.
By:
prin name
ITS: (circle one) Chairm Presider ice President
AND
4A4
By..�/��
print name
ITS: (circle one ecretary hief Financial
Officer/Asst. Secretary - Treasurer
REVIEW D APPROVED:
ec tive Director
06-432.001/54713
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a public
body corporate and politic
INITIATED AND AP ROVED:
Deputy Executive Director
APPROVED AS TO FORM:
4'
Agency Counsel Iryl V 11-1-1-lo
5n i , � 1
( n asp w
205 N _-3 P�1'1 13
Council/Agency Meeting Held:_
t„IU y
Deferred/Continued to:
L�Ap roved ❑ Conditionally Approved ❑ Denied
asses - ity Clerk's Sign re
Council Meeting Date: 11/20/2006
Department ID Number: E.D. 06-39
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE MAYOR/CHAIR AND CITY COUNCIL/
REDEVELOPMENT AGENC EMBERS
SUBMITTED BY: PE LOP CUL RETH- RA , DPA, CITY
A lNNISTRATOR/EXECUTIVE DIRECTOR
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC
DEVELOPMENT/DEPUTY EXECUTIVE DIRECTOR
SUBJECT: APPROVE 15 YEAR LEASE EXTENSIONS BETWEEN THE CITY AND
REDEVELOPMENT AGENCY AND BETWEEN THE AGENCY AND
AUTOMOBILE DEALERS ASSOCIATION FOR THE SITE OF THE
ELECTRONIC READER BOARD SIGN ALONG THE 405 FREEWAY
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Both the original 15-year lease agreement between the City of
Huntington Beach and the Redevelopment Agency of the City of Huntington Beach and the
companion lease agreement between the Redevelopment Agency and the Huntington Beach
Auto Dealers Association for the property adjacent to the 405 Freeway that became the
location for the Auto Dealers electronic reader sign will expire in 2007. The attached
proposed Amendments to those lease agreements will extend that period for an additional 15
years.
Funding Source: No funds are required for this action.
Recommended City Action: Motion to:
1. Approve and authorize the City Clerk and Mayor to execute Amendment No. 1 to lease
agreement between the City of Huntington Beach and the Redevelopment Agency of the City
of Huntington Beach for a property located adjacent to the 405 Freeway in the City of
Huntington Beach.
Recommended Agency Action: Motion to:
1. Approve and authorize the Agency Clerk and Chairman to execute Amendment No. 1 to
lease agreement between the City of Huntington Beach and the Redevelopment Agency of
the City of Huntington Beach for a property located adjacent to the 405 Freeway in the City of
Huntington Beach.
L�
2. Approve and authorize the Agency Clerk and Chairman to execute Amendment No. 2 to
lease agreement between the Redevelopment Agency of the City of Huntington Beach and
the Huntington Beach Auto Dealers Association, Inc. for property located adjacent to the 405
freeway in the City of Huntington Beach.
Alternative Action(s).: Do not approve the lease amendments.
Analysis: In 1992, the City leased to the Agency City -owned property along the 405
Freeway, and the Agency sub -leased the property to the Auto Dealers Association for the
building of an electronic reader board sign. The term for both leases was 15 years;
therefore, both leases expire in 2007.
On May 3, 2004, the lease between the Agency and the Auto Dealers was amended to
include a loan of $474,000 to substantially upgrade the reader board sign graphics and to be
repaid over a seven year period. However, the lease term was inadvertently not amended at
that time.
Amendment #1 (Attachment #1) will extend the lease for the site of the reader board sign
between the City and the Agency for 15 more years, expiring in September, 2022.
Amendment #2 (Attachment #2) will extend the lease between the Redevelopment Agency
and the Auto Dealers Association for the continued maintenance and operation of the reader
board sign for 15 years, expiring in September, 2022.
Environmental Status: Not applicable
Attachment(s):
ATTACHMENT #1
AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH FOR A
PROPERTY LOCATED ADJACENT TO THE 405 FREEWAY
IN THE CITY OF HUNTINGTON BEACH
THIS AMENDMENT NO. 1 is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"LESSOR", and THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH, a public body, corporate and politic, hereinafter referred to as "LESSEE".
WHEREAS, LESSEE and LESSOR are parties to that certain Lease Agreement dated
September 21, 1992, entitled "Lease Agreement Between the City of Huntington Beach and the
Redevelopment Agency of the City of Huntington Beach for a Property Located Adjacent to the
405 Freeway in the City of Huntington Beach", which agreement shall hereinafter be referred to
as the "Original Lease," and
LESSEE and LESSOR wish to amend the Original Lease to extend the Term,
NOW, THEREFORE, it is agreed by LESSEE and LESSOR as follows:
EXTENSION OF TERM
The Term of the Original Lease, which was for a 15 year period commencing on the
date the completion certificate was issued, is hereby extended for an additional 15 year period so that
the term of the original lease shall extend up to and including to September 19, 2022, unless
terminated earlier as provided by the Original Lease.
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on November 20, , 200 6
SIGNATURES CONTAINED ON NEXT PAGE
06-432/4066 1
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a public
body corpora p ' is �
By:
Chairman
By: qps--j
f ! x
Agency Clerk
APPROVED AS TO FORM:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
9e")
City Clerk
,nn _ APPROVED AS TO FORM:
By: v ►' I �
Agenc General Cou sel " 1
Crty At orney
INITIATED AND APPROVED: I
By:
Deputy Executi Director
REVIEWED AND APPROVED:
By:
Exec9tive Director
INITIATED AND APPRO ED:
Director of Economic evelopment
REVIEWED AND APPROVED:
ity AdiAinistrator
06-432/4066 2
ATTACHMENT #2
AMENDMENT NO. 2 TO LEASE AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH
AUTO DEALERS ASSOCIATION, INC. FOR PROPERTY LOCATED ADJACENT TO
THE 405 FREEWAY IN THE CITY OF HUNTINGTON BEACH
THIS AMENDMENT, NO. 2 is made and entered into by and between THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public body
corporate and politic (hereinafter "Lessor" or "Agency") and HUNTINGTON BEACH AUTO
DEALERS ASSOCIATION, INC., a nonprofit California corporation (hereinafter "Lessee")
WHEREAS, Agency and Lessee are parties to that certain Lease Agreement- dated
September 21, 1992, entitled "Lease Agreement Between the Redevelopment Agency of the City
of Huntington Beach and the Huntington Beach Auto Dealers Association, Inc. for a Property
Located Adjacent to the 405 Freeway in the City of Huntington Beach", which Lease Agreement
was amended by that certain Amendment No. I dated April 13, 2004 (collectively, the "Lease
Agreement"); and
The parties desire to amend the Lease Agreement to extend the Term,
NOW, THEREFORE, it is agreed by Agency and Lessee as follows:
1. EXTENSION OF TERM
The Term of the Lease Agreement, which was for a 15 year period commencing on the
date the completion certificate was issued, is hereby extended for an additional 15 year period up
to and including, September 19, 2022.
2. REAFFIRMATION
Except as specifically modified herein, all other ternls and conditions of the
Original Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers November 20, 5200 6
SIGNATURES CONTAINED ON NEXT PAGE
06-432/4070 1
HUNTINGTON BEACH AUTO DEALERS
ASSOCIATION, INC.
By: /q,-c /`�j
AV T ire— Ie-�
print name
ITS: (circle one) Chairma residen ice President
AND
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH
a public body
Chairman
9� �W�
Agency Clerk
By: &/v9' APPROVED AS TO FORM:
A!Q I- A— � IN S '1 — I
print name
ITS: (circle one) Secretary Chief Financial Officer/ sst.
Secretary -Treasurer Agency Counsel '/A Ql0
91 VIOG
INITIATED AND PPROVED:
S
Director of Economic De lopment
e irec
edeve opment Agency of the City
of Huntington Beach
06-432/4070
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Economic Development
SUBJECT:
Amend leases for Reader Board site along 1-405
COUNCIL MEETING DATE:
November 20, 2006
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Ej
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
Applicable
❑
(Approved as to form by City Attorney)
Not
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
EXPLANATION FOR MISSING ATTACHMENTS
EXPLANATION FOR RETURN OF ITEM:
RCA Author: j.lamb, x 5186
LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH FOR A PROPERTY LOCATED ADJACENT
TO THE 405 FREEWAY IN THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made and entered into this 21st day
of September �, 1992, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California (hereinafter referred to as "LESSOR"), and the
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public
body, corporate and politic of the State of California (hereinafter
referred to a "LESSEE").
WHEREAS, LESSOR owns certain real property (hereinafter
referred to as the "Site"), in the City of Huntington Beach,
and LESSEE desires to lease said Site for the use and purposes
set forth below,
NOW, THEREFORE, the parties covenant and agree as follows:
1. DESCRIPTION OF PREMISES
LESSOR hereby leases to LESSEE that certain real property
located in the City of Huntington Beach, County of Orange, State
of California, and more fully described in the attached Exhibit
"A" and incorporated herein by this reference.
2. USE OF PREMISES
LESSEE shall sublease the premises for the erection of an
electronic reader board sign. Any other uses must be approved,
in writing, by the LESSOR.
1
i
•
3. RENT
LESSEE shall pay a rental fee of Ten Dollars ($14) per
year, due on the first day of each year hereof, in advance, for
the first twelve months of the Lease Agreement.
4. TERM
The term of this Lease shall be fifteen (15) years
commencing on the date the completion certificate is issued and
continuing for fifteen (15) years thereafter, unless terminated
earlier as provided in this Agreement.
5. ASSIGNMENT AND SUBLETTING
It is understood that the LESSEE will assign this
Lease, to Auto Dealers Association. LESSOR consents to this
assignment. Any other assignment, subletting, or license
without the prior written consent of LESSOR, or an assignment
or subletting by operation of law, shall be void, and shall, at
LESSOR's option, terminate this Agreement.
6. CARE QF PREMISES
LESSEE shall at all times maintain the rented premises
in conformity with all state and local laws and regulations,
and no lawful activities shall be conducted on the PREMISES.
At all times during the term of this Agreement, LESSEE, at its
own cost and expense, shall keep and maintain the Site in a
neat, clean, and orderly condition, and shall keep the sign in
good condition and repaired and painted. Upon demand, LESSEE
shall have repaired any damage to the sign caused by the act or
neglect of LESSEE, or any person in the employ or under the
control of LESSEE.
AJFk 8/92422(17) 2
• 0
7. INSPECTION
LESSOR and LESSOR's agents, including the Police
Department, shall have the right to enter the rented premises
at all reasonable times to inspect same for security purposes.
LESSOR and LESSOR's agents shall be permitted to make repairs,
additions or alterations as may be deemed necessary by LESSOR
with reasonable notice to LESSEE.
B. DEFAULT WAIVER
LESSOR's failure to take advantage of any default on
the part of LESSEE shall not be construed as a waiver thereof,
nor shall any custom or practice that may grow up between the
in the course of administering this Agreement be construed to
waive to LESSEE the right of LESSOR to insist on the
performance of the provisions hereof.
9. DESTRUCTION OF SITE
In the event the entirety of the Site is destroyed or
rendered untenable by fire, storm, earthquake, or other
casualty not caused by negligence of LESSOR, this Agreement
shall be at an end from such time except for the purpose of
enforcing rights that may have accrued hereunder. The rental
shall then be accounted for between LESSOR and LESSEE up to the
time of such injury or destruction of the Site, LESSEE paying
up to said date, and LESSOR, refunding the rents collected
beyond such date.
10. SURRENDER _AND _ POSSESSION
LESSEE understands and agrees that upon surrender of
possession it will not be entitled to a moving cost payment or
AJFk 8/92422(17) 3
•
0
any other relocating payment under any State or Federal
Relocation Assistance Program.
11. NOTICE
Any written notice, given under the terms of this
Agreement, shall be either delivered personally or mailed,
postage prepaid, addressed to the party concerned, as follows:
LESSOR:
Director of
Administrative Services
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
12. ENTIRETY OF AGREEMENT
LESSEE:
Director, Economic
Development Department
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
LESSOR and LESSEE agree that this lease constitutes
the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their authorized officers on the
date above written.
LESSEE:
THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON
BEACH, a public body
corporate a d politic
By:
hairman
LESSOR:
CITY OF HUNTINGTON BEACH,
a municipal corporation
of the State of California
Mayor
ATTEST*. e APPROVED AS TO FORM:
City/Agency Clerk g'27 ;ity/Agency Attorney-
AJFk 8/92422(17) 4
• �o
REVIEWED AND APPROVED:
c�--M-
Real Property Manager
REVIEWED AND APP VED:
111-4
cutive Director,
Redevelopment Agency
R VED:
Director, Adfi istrati e
Services
INITIATED AND APPROVED:
Executive Director, Economic
Development Department
AJFk 8/92422(17) 5
MOUPWAROU0Ci i 'C• i
A long narrow irregularly shaped parcel contalf-O.ig approximately 5,201 sq. ft. The parcel
Is west of Beach Bird. running along the east line of Center Avenue and south of and
contiguous to the southerly line of the F=dlson right-of-way. A more detailed description
is located in Book 12491, pages 294-296 Offic.lal Records, (:aunty of Orange, California.
Note: Please see site d1aprarn for cilrr}ensions of tyre silt,
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NOrE - A,�5ES901R S DLOCK.a ASSESSOR'S MAP
PARCEL NUM,6ERS B OOK 14 2 PAGE 0.7
SHOWN IN CIRCLES COUNTY OF ORANGE 9 _
RECAST FOR CITY COI*CIL/ _
REDEVELOPMENT AGENCY ACTION ED 92-42
Date September 21, 1992
Honorable Mayor/Chairman & City Council/Redevelopment Agency Members
Submitted to:
Michael T. Uberuaga, City Administrator/Executive Dire
Submitted by:
Barbara A. Kaiser, Deputy City Administrator/Economic Develop i
Prepared by: Robert Franz, Deputy City Administrator/Economic Development
LEASE AGREEMENTS BETWEEN CITY AND AGENCY AND BET N
Subject: AGENCY AND HUNTINGTON BEACH AUTO DEALERS ASSOCIATION
Consistent with Council Policy? ( ] Yes N New Policy or Exception
Statement of issue, Recommendation, Analysis, Funding Source, Altern tii�&Aas€sDda
I TATEf
MENT F .�-r
The City Council/Redevelopment Agency approved a DDA with t e Huntington Beach
Auto Dealers Association which provided for assistance to construct an electronic
reader board near the intersection of the 1-405 Freeway and Beach Boulevard. A
City/Redevelopment Agency obligation as per the DDA is to Iease the site for the sign
to the HBADA. The two leases presented for Council/Agency action will meet the
obligation of the DDA and provide the site for the sign.
RECOMMENDED CI DEVEL MENT AQENCY ACTION:
1. Approve the Lease Agreement between the City of Huntington Beach and the
Redevelopment Agency of the City of Huntington Beach for a property located
adjacent to the 405 Freeway in the City of Huntington Beach.
2. Approve the Lease Agreement between the Redevelopment Agency of the City of
Huntington Beach and the Huntington Beach Auto Dealers Association, Inc. for a
property located adjacent to the 405 Freeway in the City of Huntington Beach.
ANALYSIS:
The approval of these leases for the electronic reader board sign are part of the
City/Agency responsibility as per the Development and Disposition Agreement approved
by the City Council/Redevelopment Agency at the August 17, 1992 meeting.
The salient points of the lease for the sign site by the City to the Agency are as
follows:
a. The Agency rent is ten dollars ($10) per year.
b. The term is for 15 years.
C. Agency will sub -lease the site to the HBADA.
ED 92-42
September S, 1992
Page Two
2. The salient points of the lease for the sign site by the Agency to the HBADA are as
follows:
a. The rent to be paid by HBADA will be Agency use of 20% of the electronic
message board for public announcement and business notices. Business notices
will require HBADA consultation.
b. The term of the lease is for fifteen (15) years.
c. The Lessee is responsible for all operations, maintenance and utilities required
for the sign operation.
d. Agency has right to terminate the lease if Lessee does not comply with lease
provisions.
FUNDING SOURCE:
Funds are budgeted in the 1992-93 Huntington Center Redevelopment Budget to
administer the provisions of the leases.
ALTERNATIVE ACTION:
Deny approval of the leases as presented.
ATTACHMENTS:
1. Lease Agreement between City of Huntington Beach and the Huntington Beach
Redevelopment Agency for the Sign Site.
2. Lease Agreement between the Redevelopment Agency of the City of Huntington
Beach and the Huntington Beach Auto Dealers Association, Inc. for the Sign Site.
MTU/BAK/RF/TA:sar
1269r
LEASE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH AND THE
HUNTINGTON BEACH AUTO DEALERS ASSOCIATION, INC.,
FOR A PROPERTY LOCATED ADJACENT TO THE 405
FREEWAY IN THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made and entered into this 21st day
of September , 1992 by and between the
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a public
body, corporate and politic of the State of California (hereinafter
r referred to as "LESSOR"), and the HUNTINGTON BEACH AUTO DEALERS
ASSOCIATION, a nonprofit California corporation (hereinafter
referred to as "LESSEE").
WHEREAS, LESSOR owns certain real property (hereinafter
referred to as the "Site"), in the City of Huntington Beach,
and LESSEE desires to lease said Site for the use and purposes
set forth below,
NOW, THEREFORE, the parties covenant and agree as follows:
1. DESCRIPTI.ON OF PREMISES
LESSOR hereby leases to LESSEE that certain real
property located in the City of Huntington Beach, County of
Orange, State of California, and more fully described in the
attached Exhibit "A" and incorporated herein by this reference.
2. USE OF PREMISES
LESSEE shall use the Site for the erection of an
electronic reader board sign. Any other related uses must be
approved, in writing, by the LESSOR.
1
r
3.RENT
As compensation for the use of the Site, Auto Dealers
will provide LESSOR with twenty per cent (20%) of the use of
the message sign for public notice and business announcements
subject to consultation with LESSOR. The LESSOR shall select
the time of day for LESSEE use of the sign.
4. TERM
The term of this Lease shall be fifteen (15) years
commencing on the date the completion certificate is issued and
continuing for fifteen (15) years thereafter, unless terminated
earlier as provided in this Agreement.
5. SERVICES AND UTILITIEa
LESSEE shall pay for all electrical and phone
services, which are metered separately to the Site. LESSEE
shall arrange for and pay for all maintenance operation costs
of this sign. The landscape area is now maintained by the City
of Huntington Beach and will continue under the term of this
Lease. -
6. ASSIGNMENT AND _SUBLETTING
Without the prior written consent of LESSOR, LESSEE
shall not assign this Lease, or subject or grant any license to
use the premises, or any part thereof. A consent by LESSOR to
one assignment, subletting, or license, shall not be deemed to
be consent to any subsequent assignment, subletting, or
license. An assignment, subletting, or license without the
prior written consent of LESSOR, or an assignment or
subletting PY operation of law, shall be void, and shall, at
LESSOR's option, terminate this Agreement.
AJFk 6/92421(16) 2
7. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
LESSEE hereby agree to protect, defend, indemnify and
hold harmless LESSOR, its officers and employees against any
and all liability, claims, judgments, costs and demands,
however caused, including those resulting from death or injury
to LESSEE's employees and damage to property arising directly
or indirectly out of the obligations or operations herein
undertaken by LESSEE including those arising from the passive
concurrent negligence of LESSOR, but save and except those
which arise out of the active concurrent negligence, sole
r
negligence, or the sole willful misconduct of LESSOR. LESSEE
will conduct all defense at its sole cost and expense. LESSOR
shall be reimbursed by LESSEE for all costs and attorney fees
incurred by LESSOR in enforcing this obligation.
8. WORKERS' COMPENSATION _INSURANCE
Pursuant to California Labor Cie Section 1861, LESSEE
acknowledges awareness of Section 3700 et seq. of said code,
which requires every employer to be insured against liability
for workers' compensation; LESSEE covenants that it will comply
with such provisions prior to commencing performance of the
work hereunder.
LESSEE shall maintain such workers' compensation
insurance in an amount of not less than One Hundred Thousand
Dollars ($100,000) bodily injury by accident, each accident,
One Hundred Thousand Dollars ($100,000) bodily injury by
disease, each employee, and Two Hundred Fifty Thousand Dollars
($250,000) bodily injury by disease, policy limit, at all times
incident hereto, in forms and underwritten by insurance
AJFk 8/92421(16) 3
C7
E
companies satisfactory to LESSOR; and LESSEE shall, prior to
the commencement of this Agreement, furnish to LESSOR, on a
form approved by the Agency Attorney, a certificate evidencing
such insurance; said certificate shall include a provision that
the insurer shall notify LESSOR at lease thirty (30) days prior
to any cancellation or modification of said insurance policy;
and LESSEE shall notify LESSOR at least thirty (30) days prior
to any cancellation or modification of such policy. Said
insurance shall not derogate from the provisions for
y indemnification of LESSOR by LESSEE under the terms of this
Agreement.
9. INSURANCE
In addition to LESSEE's covenant to indemnity LESSOR,
LESSEE shall obtain and furnish to LESSOR, the following
policies of insurance:
A. General Lial2ility.I,nsurange. A policy of general
liability insurance, including coverage for bodily injury,
property damage, products/completed operations, and blanket
contractual liability. Said insurance shall also include
automotive bodily injury and property damage liability
insurance. All insurance shall be underwritten by insurance
companies in forms satisfactory to LESSOR for all operations,
subcontract work, contractual obligations, product or completed
operations and all owned vehicles and non -owned vehicles.
Saidinsurance shall name the LESSOR, its officers, agents and
employees and all public agencies as determined by the LESSOR
as Additional Insureds. LESSEE shall subscribe for and
maintain said insurance policies in full force and effect
AJFk 8/92421(16) 4
0
0
during the life of this Agreement, in an amount of not less
than One Million Dollars ($1,000,000) combined single limit
coverage. If coverage is provided under a form which includes
a designated general aggregate limit, such limit shall be no
less than twice the per occurrence limit. In the event of
aggregate coverage, LESSEE shall immediately notify LESSOR of
any known depletion of limits. LESSEE shall require its
insurer to waive its subrogation rights against LESSOR and
agrees to provide certificates evidencing the same.
' B. Fire Insurance. LESSEE shall maintain in force
during the term of this Agreement, a standard broad form fire
insurance policy for full replacement of the structure itself,
in which the LESSOR is named and which any and all losses are
made payable to LESSOR. The face amount of said policy shall
be Three Hundred Sixty -One Thousand Dollars ($361,000). LESSOR
may, upon thirty (30) days written notice to LESSEE, require
said fire insurance coverage to be increased by an amount
determined by LESSOR.
_ Prior to the commencement of this Agreement, LESSEE
shall furnish to LESSOR certificates of insurance subject to
approval of the Agency Attorney evidencing the foregoing
insurance coverages; said certificates shall provide the name
and policy number of each carrier and policy, and shall state
that the policy is currently in force and will not be cancelled
without thirty (30) days written notice to LESSOR. LESSEE
shall maintain the foregoing insurance coverages in force
during the entire term of this Agreement unless waived in
writing by the LESSOR's Risk Manager.
AJFk 8/92421(16) 5
•
•
The requirement for carrying the foregoing insurance shall
not derogate from the provisions for indemnification of LESSOR
by LESSEE under the terms of this Agreement. LESSOR or its
representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. LESSEE
shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
10. TAXES
LESSEE shall pay before they become delinquent, all
real property taxes, or possessory interest taxes and
assessments levied or assessed against the Site by any
governmental agency, including any special assessments imposed
on or against the Site for the construction or improvement of
public works, in, on, or about the Site.
11. CARE OF PREMISES
LESSEE shall at all times maintain the rented premises
in conformity with all state and local laws and regulations,
and no unlawful activities shall be conducted on the PREMISES.
At all times during the term of this Agreement, LESSEE, at its
own cost and expense, shall keep and maintain the Site in a
neat, clean, and orderly condition, and shall keep the sign in
good condition and repaired and painted.
Upon demand, LESSEE shall repair any damage to the sign caused
by the act or neglect of LESSEE, or any person in the employ or
under the control of LESSEE.
12. IMPROVEMENTS
LESSEE shall not make any alterations, additions or
improvements to the Site without the consent of LESSOR. All
AJFk 8/92421(16) 6
• 0
approved alterations, additions or improvements made by LESSEE,
except movable household or commercial furniture, are to become
the property of LESSOR, and shall remain on the Site as part
thereof, and be surrendered with the Site at the termination of
this Agreement.
13. INSPECTION
LESSOR and LESSOR's agents, including the Police
Department, shall have the right to enter the rented premises
at all reasonable times to inspect same for security purposes.
LESSOR and LESSOR's agents shall be permitted to make repairs,
additions or alterations as may be deemed necessary by LESSOR
with reasonable notice to LESSEE, and to put and keep upon the
sign a notice indicating said Site is for rent at any time
within thirty (30) days before termination of this Agreement.
14. DEFAULT WAIVER
LESSOR's failure to take advantage of any default on
the part of LESSEE shall not be construed as a waiver thereof,
nor shall any custom or practice that may grow up between in
the course of administering this Agreement be construed to
waive to LESSEE the right of LESSOR to insist on the
performance of the provisions hereof.
15. DESTRUCTION OF SITE
In the event the entirety of the Site is destroyed or
rendered untenable by fire, storm, earthquake, or other
casualty not caused by negligence of LESSOR, this Agreement
shall be at an end from such time except for the purpose of
enforcing rights that may have accrued hereunder. The rental
AJFk 8/92421(16) 7
•
�7
s
shall then be accounted for between LESSOR and LESSEE up to the
time of such injury or destruction of the Site, LESSEE paying
up to said date, and LESSOR, refunding the rents collected
beyond such date.
16. SURRENDER AND POSSESSION
LESSEE understands and agrees that upon surrender of
possession it will not be entitled to a moving cost payment or
any other relocating payment under any State or Federal
Relocation Assistance Program.
17. NOTICE
Any written notice, given under the terms of this
Agreement, shall be either delivered personally or mailed,
postage prepaid, addressed to the party concerned, as follows:
LESSOR:
Executive Director,
Redevelopment Agency of
the City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
18. ENTIRETY OF AGREEMENT
LESSEE:
Huntington Beach Auto
Dealers Association
P.O. Box 2700
Huntington Beach, CA 92647
LESSOR and LESSEE agree that this lease constitutes
the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
AJFk 8/92421(16)
E
! . .
0 0
Agreement to be executed by their authorized officers on the
date above written.
LESSEE:
HUNTINGTON BEACH AUTO
DEALERS ASSOCIATION
By: / �!✓
Its• Si `
By: !�
Its:_
APPROVED:RF,*IEWED AND
REVIEWED AND APPROVED:
!vr
Real Property Manager
LESSOR:
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a
public bo y
hairman
APPROVED AS TO FORM:
%Aff Agenc Attorney
k-j� -tL
INITIATED AND APPROVED:
Director, Economic
Development Department
ATTEST:
AJFk 8/92921(16)
9
• ;•�•► 'C•'•
Row. P.0', wbRK
76179 •1 : l
A long narrow irregularly shaped parcel contalg:'-,g approximately 5,200 sq. ft. The parcel
Is west of Beach Blvd. running along the east line of Center Avenue and south of and
contiguous to the southerly line of the: Edison right—of—way. A more detailed description
Is located in Book 12491, pages 294--296 Official Records, County of Orange, California.
Note: Please see site diagram for dimensions of the site.
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NOTE — A,5ES.� OR .51 "B�'QGK ASSESSOR'S MAP r
PARCEL NUMSERS BOOK142 PAGE 07
SHOWN IN GIRCLES COUNTY OF ORANGE Q-
0
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
October 5, 1992
Huntington Beach Auto Dealers Association
28141 Bluebell Drive
Laguna Niguel, CA 92656
Attn: Jim Upp, Executive Director
CALIFORNIA 92648
Enclosed is an executed copy of Lease Agreement between the Redevelopment
Agency of the City of Huntington Beach and the Huntington Beach Auto
Dealers Association, Inc., for property located adjacent to the 405 Freeway
in the City of Huntington Beach which was approved by the City Council on
September 21, 1992.
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone: 714.536-5227 )
Binder
�
NAME AND ADDRESS OF AGENCY
Abeita Insurance Agency
9042 Garfield Ave., Ste 315
Huntington Beach, CA 92646
N.Q.•,E r•ra7 r1.AIUNG ADDRESS OF ir;SURF D
080630
COMPANY
Lincoln Insurance Company
Effective rn September 22 11992
Expires ❑ 12.01 am ❑ Noon 9/22 1993
❑ This binder ,s rssuea to extend coverage in the above named
company per expiring policy
fe•re0r es ,.o:ed Dt,a+t
Description of Operation/Vehicles/Property
Huntington Beach Automobile Dealers Association Leased land for sign location.
P.O. Box 2700 1 7991 Center Avenue
Huntington Beach, CA 92647 Huntington Beach, CA 92647
PI
R
O�P
R
T
y1
Type and Location of Properly
Type of InScrrance
SChecluled Form CorriOr•,hensive Form
Coverage/Perils/Forrns
APF3� �D AS TO F0
GAIT. FUT011
Gy;�: AT'" NET
Ami of Insurance
C0V0% ^6r"� 0.. Limits of Liab"'
Each Occurrence
gOdrll Infrrry b $
Iprone';';
{ � ❑ �'ili1L'(.i5' i.���nr;;l:'.ie-. `J:."2' -, ;j dd:;�::p;._ _ �� _ �r
Con'a'_t e i ii0d !1 ' 'jury f
} ! p fi T-.andlords Tenztnte r !! tliE�� (ti:�c:C�i • , rv) Own_r_ . �- �P•G��..-r.� OamagC
T 1 N1 e d Payr• , r.., (: mined I ill , 000 000 i
} Pt:. so—.a.
-1
..11, C P. O B r, C � 4T rer sunai
U iJ I lability C3 Non-nwneCl = H;reC
T :, ( rufnr)rerrensive Deductible
O I 1-:ull�srcr) ueduct,bie
' I ] roco-cal r ayrnents
B (:1 Ilnirswed Motorist
I Nlo Fault (specify)
L I i)ther (specify)
EI
Limits of Liabi_liy —
60-dil, 1n:ury (Eac" nr'rsor,,
',$ r;}`,f: Budd, Injury{f.ar.! A Crden,) b
orney _.. ...
Pro:)eriy Darr,age
f J CUm+),ned
0 'NORKERS' COMPEraSAT lOr,� [i:ry LwIlIS (specify S:aies Jeio-I
SPECIAL CONDITIONVOTHER COVERAf--GS
30 day I,QLice of canct.Llatior.
500 deductible
NAME AND ADDRESS Or ❑ MORTGAGEE G LOSS PAYEE
City of Huntington Beach, Its Agents,
Officers and Fanployees and City of
Huntington Beach Redevelopment Agency.
2000 Main Street
Huntington Beach, CA 92648
A(iD't rNSURE.D
LOAN NUMEiER
J UVPLOYE;::' L:ABILI I ; -.. ( :rail I
M
i
Signatufle of Au:r,or.zed Representative
D ed
A
to
000,000
?,P�-�'
Date
ACORD 75 (11-77)
0
CITY OF
20DO MAIN STREET
0
HUNTINGTON BEACH
RISK MANAGEMENT DIVISION
(714)536-5990
CALIFORNIA 92W
In order to comply with City Council Resolution No. 6277, you are
required to provide proof of workers' Compensation insurance. If
you have no employees, this form must be signed and returned to the
Risk Management Division, 2000 Main Street, Huntington Beach, CA
92648.
DECLARATION OF NON -EMPLOYER STATUS
I certify that in the performance of the activity or work for which
this permit is issued, I shall not employ any person in any manner
so as to become subject to California Workers' Compensation
insurance requirements.
I authorize the City of I,•,intington Beach to immediately and
retroactively revoke the license or permit issued under this
declaration if I hire any employee or become subject to the
provisions of he laws requiring Workers' Compensation insurance.
APPLICANT'S r - .;. - , J DATE ! Z�
TI ; _Z
LOCATION SIG14ED
t
TELEP}:ONE NU]"Me
Laquna Niguel Niau
{ jig) A I 1 -84 ,a
NAME AND ADDRESS OF COMPANY OR APPLICANT
Huntington Beach Auto Dealers Association
P.O. Box 2700 Huntington Beach Ca 92647
APPROM AS TO YOM
GAIL $OTTON
CIT7�. AT
BY: orney
Devuty CStY
DRUG,USE
Is
AB
(.)
PMWE DATX r&"VC-"
C E R T I F I C
....... ZA;' ='14" 19 9 2
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xx THIS CERTIFICATE 18 ISSURD AS A MATTER OF INFORMAnON ONLY AND
CONFERS NO MOM UPON THE CERTIMATIE HOLDER. THIS CrIA71FICATE
annister & Assoc. Ing, Agency DOES NOT AMEND, EXTEND OR ALTIA THE COVERA03 APFORDED NY THE
5562 Chomioal Lane P-O.U.C.I.E.S. BELOW.. ... .... . ................ ........... . . . ... ... . ..... .... .
untirigton Beach, CA 92649 COMPANIES AFFORDING COVERAGE
714) 891-2351
A THE
OHIO CASUALTY QW?
LETTER
B
LECrAA XZDIA,, INC.
cow""
Lrrmn C
. O. BOX 3023
"HATTAN BEACHt CA 90266
u_rTuq D
COWANY E
7_7 77, 7
7-
_7
-115 IS TO CERTIFY THAT THE POLICIES of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I."UREQ NAMED ABOVE FOR THE PIOUCY PERIOD
-;Di^_ATeD. NOTVA"TANDING ANY PLEOUIAEMENT. TVW, OR CONOITION OF ANY CONTRACT OR OTHE9 DOCUMENT VIAT)q RE8P6C7 TO M410H THIIS
ERyl-_`ICATIE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED 8Y r-(E POLICIES
DESCRIBED HEREIN 19 9UELJECT TO ALL THE TERMS.
KCtIJSI004S jkNO CONDITIONS OF SuC,4 POuci[S UMITS SHOWN MAY HAvE BEEN REDUCED BY PAID CLAJMS.
rvw Or PmptA*ct POLICY NUINFA
Pocxv bvftcTrm
D&Tf Wm"
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PATI MACID" UWTI
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1 r-O 00. j..o...o.0
X eM>fULAL Ltl%BLiry S L W 50 06 42 33
.
pqoovCIb_Co1MP)oP A02. I
... ... . ....
1t000'-000
CLAPAS iAAQ.E X OCWR
05/06/92
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!L, 0 0 0 f P.0 M'
PRAT
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- - ..
WED. DMIEN51 Wy or4 porW) 6
a, 0 0 0
jTOMOGLZ WAgLM
00IM111140 SINOLE
A,M,r huto 4 SAO 60 052 33
LIMIT
1,000t000
05/06/92
0 5/ 0 G/ 9 3: bWLY KkAY
X -F4E:_- A.L.TCPJ
U00ty NA*Y
X -op-o-go
PA00CAtY DAMAGE
_.C" L"Lfry W-4 00WvPEmC*
VuBPC_LA FOFW BXO 50 0,5 42 33 05/06/92 0 5/ 0 6/ 9 3- AOWQaATE 2, 000j00 0
0TV-06 THAN V&AIISKILA FOFN
IwOkKERV C060"ILAT*k 6TATVIORY LIMIT8
jkPIFROVED S TO FOPM:1 6
ZITACHED
00%OMAr uAmLm C;AIL RUTTtV, City AttorneT DISEAM - POLICY LIMIT 6
By- Dept r Cil.W Attorney.... DOLAN - CAP.Ji EMPLOYEE I
... . .......
. ...... .... .... .. . ...... . .... .
-TK-M=Ar0WVMIGU&JWUL" UM
CITY OF HUNTINGTON BEACH, CITY OF HUNTINaTON BEACH REDEVILOPXENT
AGENCY THEIR AGENTS, %;,WFICERS XID E"PLOWSS ARE LISTED AS
ADDITIONAA'd INSURED WN THE OLPNiRAL L:'L&Lj3XLITY COVERAGES AS RESPECTS TO
WORK t)OWR 74V PrUr W2k'.t7n T1TQ??b%-1%
SHO'•'_7 ANY OF THE ABOVE DE3C%pEO MUMS BE CANCELLED BEFORE THE
y OF HUNTINGTCjz, BEACH EXP%.""' ION DATE MEPLEOF. THE ISSUINO COUPAW WILL WV
O MAXN STREET' "L _jU DAYS WRITTEN NOTICE To THE CEKIRCAYE HOLDER NAMED TO THE
riNGTON BEACH, CALIFORNIA 92646 m' Lm. w; Fwwne q8 I pill N@ GiMbAlpoij VA
Sea ?2 '92 IZ�04 SCIF ta�S"+ L.A.
! S P.O. BOX 420807, SAN FRANCISCO, CA 94142.0807
Cat+ PKNZATtaN
II%j0UPt,1Vt-ei
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
S$PTFMBRR 22, 1992
CITY OF UUNTINGTON BEACH
DEF: OF BUILDING AND SAFETY
2000 MAIN ST
HV`.1TINGTON BEACH, CA 92648
ATTN: DENFITIS COULTER
POLICY NILAINER: 1118009-92
CERTI'ICATF EXPIRES: I r'lil / 93
n.s s to cer—ty this w6 have Issued a vand Workers" Compensation irttcrrrnCtr policy ink form ol)ltrovrd try the c4litorni�
! •turp�.ct Corrimissloner to the employer named below for the POIIWIfIod rnd[Cated
"nil policy is `rol subj.ON to cancella:,Or,';y :'rN FunQ except ugoKX1(n aays- advance wrinen notrce to the amployer
30
e v Also q:.t vouxpml days' o0vorict! r,olir( shOul(J this po' cy Le 'ar)Ctllt(J prior to ils normal expiation.
--. =a=:Mica'; �it insurance is not an insuranct policy and dorI not irne-Id. extF:nd or alter the covera4t afforued Uy thr
:;atr;,es tlt:ee herein- NoLwithstindtng any ryqulrarY�Qnt, tram or condition of any contract or other document wish
espt:' 'O :fn.Lh INS Ctrtificete of Insurance may W ast:ert or may htrtjin, the Insurance etlorded by the pollCItI
u':C'r7rd htreLn It subidLl to ell the terms, excluslont and c6n0r1.0ns of such policies.
pafbru�vT
I.DOPSEMENT 02063 ENTITLED CERTIFICATE HOLDER'S EFFECTIVE SEPTE.,IM 22, 1992
--S AT. —.ACHED TO AAM FORMS, A PART OY THIS POLICY.
3PECI?LEN ENDORSEMENT 92065 ATTACHED.
EWLOY• r-
MXCTRA-MBD I A
PO BOX- 3021
ruuaAITAN BkAy,
CA 00266
TO FQFK'-'
CITY E-i`T0:'1;EY
,.tl+�• Cr A,.tornev
,,----THEAd1TA INSURANCE�AGENCY
i
OcLobor. 2, 1992
City of Muntangton Beach
2000 Main Moot, Sth Floor
Ant. ington Beach, ranfornle 92648
Attn: Mr. Tom Andrusky
Economic- Dovelopment
Re: Hunr.ir)g-.:orj i3vach Aulomnl)iln.
Dealay-, A�L,,ociat_so!:
Duar Mr. Andyusky,
Per nu, curve r,,ation i.oday, ( was &,zroad Ihm.
Qw policy for sbovv insuyedly bigo in Lo be
wiferlivo the starting &are of she vunstrunion
at the 4;io.
The WiLo Of covorago aro $361,000. and tho
OwLimatuO premium is to bn NO by The Abefla
I
fnnyv6nce 49ancy. Thav Pre—uum will 'by!
Pa;d upon vhe 'Cart of ronwriuctwo w nho
5 1 nve rely,
9A I a APPROVZD AS TO FDRU
GAIL MITT0.11
QTY ATITORN
_107vt7 City Attorney
I
9042 (,ART.)Ei.D AVENUE, SUITE 315, HUNTINC
— — 714-964-044.1
t V-1
REQ T FOR CITY COU IL/
REDEVELOPMENT AGENCY ACTION ED 92-42
Date September 21,_ 1992
Honorable Mayor/Chairman & City Council/Redevelopment Agency Members
Submitted to:
Michael T. Uberuaga, City Administrator/Executive Dire /
Submitted by:
Barbara A. Kaiser, Deputy City Administrator/Economic Develop
Prepared by: Robert Franz, Deputy City Administrator/Economic Development
LEASE AGREEMENTS BETWEEN CITY AND AGENCY AND BET N
Subject: AGENCY AND HUNTINGTON BEACH AUTO DEALERS ASSOCIATION
Consistent with Council Policy? [ j Yes New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Altern T
"MR&TkFAffi
► �. 19.W
STATEMENT OF ISSLI 0,[
ciT) L1_ —;
The City Council/Redevelopment Agency approved a DDA with t e Huntington Beach
Auto Dealers Association which provided for assistance to construct an electronic
reader board near the intersection of the I-405 Freeway and Beach Boulevard. A
City/Redevelopment Agency obligation as per the DDA is to lease the site for the sign
to the HBADA. The two leases presented for Council/Agency action will meet the
obligation of the DDA and provide the site for the sign.
RECOMMENDED COUNCIL/REDEVELOPMENT AGENCY ACTION:
I. Approve the Lease Agreement between the City of Huntington Beach and the
Redevelopment Agency of the City of Huntington Beach for a property located
adjacent to the 405 Freeway in the City of Huntington Beach.
2. Approve the Lease Agreement between the Redevelopment Agency of the City of
Huntington Beach and the Huntington Beach Auto Dealers Association, Inc. for a
property located adjacent to the 405 Freeway in the City of Huntington Beach.
ANALYSIS:
The approval of these leases for the electronic reader board sign are part of the
City/Agency responsibility as per the Development and Disposition Agreement approved
by the City Council/Redevelopment Agency at the August 17, 1992 meeting.
1. The salient points of the lease for the sign site by the City to the Agency are as
follows:
a. The Agency rent is ten dollars ($10) per year.
b. The term is for 15 years.
c. Agency will sub -lease the site to the HBADA.
PtO 4184
ED 92-42
September 8, 1992
Page Two
2. The salient points of the lease for the sign site by the Agency to the HBADA are as
follows:
a. The rent to be paid by HBADA will be Agency use of 20% of the electronic
message board for public announcement and business notices. Business notices
will require HBADA consultation.
b. The term of the lease is for fifteen (15) years.
c. The Lessee is responsible for all operations, maintenance and utilities required
for the sign operation.
d. Agency has right to terminate the lease if Lessee does not comply with lease
provisions.
FUNDING LIRCE:
Funds are budgeted in the 1992-93 Huntington Center Redevelopment Budget to
administer the provisions of the leases.
ALTERNATIVE ACTION:
Deny approval of the leases as presented.
A
1. Lease Agreement between City of Huntington Beach and the Huntington Beach
Redevelopment Agency for the Sign Site.
2. Lease Agreement between the Redevelopment Agency of the City of Huntington
Beach and the Huntington Beach Auto Dealers Association, Inc. for the Sign Site.
MTUIBAK/RFITA:sar
1269r