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HomeMy WebLinkAboutHuntington Valley Little League, Inc. (HVLL) - 2017-06-05 Dept. ID CS 17-004 Page 1 of 2 Meeting Date:6/5/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a five-year License Agreement with Huntington Valley Little League, Inc. (HVLL) for the use and maintenance of baseball fields and related improvements at Wardlow Park Statement of Issue: City Council consideration of a License Agreement with Huntington Valley Little League (HVLL) for utilization and maintenance of a portion of Wardlow Park for league activities. Financial Impact: Not applicable. Per the agreement, HVLL will provide maintenance of approximately 6.5 acres of the 8.36 acre park. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "License Agreement Between the City of Huntington Beach and Huntington Valley Little League, Inc. for the Use and Maintenance of Baseball Fields and Related Improvements at Wardlow Park." Alternative Action(s): Do not approve the license agreement with HVLL, and direct staff accordingly. Analysis: Huntington Valley Little League (HVLL) is a non-profit charitable organization whose mission is to provide a safe, instructional, and fun environment for the children of Huntington Beach. As one of four non-profit Little League organizations in the City, HVLL started utilizing ball fields at the former Wardlow School in the 1970's. HVLL, through an agreement with the Fountain Valley School District (FVSD), developed the existing six (6) ball fields to serve players from four to twelve years of age. The league averages 600 participants per year. In 2004, FVSD gave notice of its intent to sell the Wardlow school property— including the ball field area. On May 16, 2005, the City Council approved purchasing 6.2 acres of the school site to preserve the use of the ball fields by HVLL. The City purchased the property under the Naylor Act. Under the terms of the Act, the City was able to purchase the property at 25% of the market value. The City purchased the land needed for the fields at a cost of $3.8 million and the additional land was added to the parks overall acreage. Since the time of the purchase, HVLL has continued to use the property under a Special Use Permit and has maintained the appropriate insurance per City requirements. A formal agreement with HVLL was never implemented due to uncertainty of the affect development of the remaining Item 12. - 1 HB -144- Dept. ID CS 17-004 Page 2 of 2 Meeting Date:6/5/2017 portion of the school property would have on ball fields. HVLL utilized the former school parking lot and a portion of the blacktop area for spectator parking. With these two parking areas ultimately going away, the City was looking options to either reduce the number of playing fields or modify the developed park to accommodate parking. Ultimately, the developer of the remaining portions of the school property deeded an additional 0.83 acres to the City and developed a parking lot for league and public use. The park property and improvements are now final, allowing for an agreement that accurately specifies areas of use and maintenance responsibilities. The proposed license agreement is for a term of five (5) years, with an extension of an additional five-years upon mutual consent. In lieu of a license fee, the agreement calls for HVLL to maintain the ball fields and the snack bar/restroom building. The Park, Tree, and Landscape Division of Public Works reviewed the license agreement and concurs with the terms. It has been determined that a minimum of 1,000 man-hours of maintenance is saved annually by the agreement. HVLL averages over 1,000 hours of volunteer labor to maintain the fields. In addition, HVLL funds special maintenance such as laser leveling of the infields, backstop maintenance, and upgrades to the irrigation system. As identified in Exhibit "D" of the agreement, the total value of HVLL maintenance activities is estimated at $59,876 for 2017. This value is much greater than the revenue the City would receive for the hours of use by HVLL. At $25.00 per hour, the City would receive a total of $33,900. Staff is, therefore, recommending in-kind service in lieu of a license fee for use of the property. Environmental Status: Not applicable. The license agreement will not add to or change existing use of the property. Strategic Plan Goal: Improve quality of life Attachment(s): 1. "License Agreement Between the City of Huntington Beach and Huntington Valley Little League, Inc. for the Use and Maintenance of Baseball Fields and Related Improvements at Wardlow Park" HB -145- Item 12. - 2 LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON VALLEY LITTLE LEAGUE, INC. FOR THE USE AND MAINTENANCE OF BASEBALL FIELDS AND RELATED IMPROVEMENTS AT WARDLOW PARK This Agreement is made and entered by and between the CITY OF HUNTINGTON BEACH, a charter CITY and municipal corporation duly organized and existing under the Constitution and laws of the State of California("CITY") and HUNTINGTON VALLEY LITTLE LEAGUE, INC., a California not-for-profit corporation("LEAGUE"). RECITALS The CITY owns and operates Wardlow Park within the CITY limits which has multiple baseball fields, a snack bar/restroom facility, and related improvements; and The LEAGUE, which operates and conducts Little League baseball activities for the benefit of youth within the CITY; and The CITY may enter into agreements for the care, use, maintenance and control of City Parks for Youth recreational activities; and CITY and LEAGUE desire to enter into a License Agreement to provide for such care, use, maintenance and control of Wardlow Park for Little League baseball activities. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. PERMISSION Permission is hereby given by CITY to LEAGUE to enter upon, use and maintain the premises as described herein. 2. PREMISES CITY does hereby provide to LEAGUE, and LEAGUE hereby utilizes from CITY six baseball fields, snack bar/restroom facility, and any related improvements(hereinafter referred to as "the Premises"), generally located within Wardlow Park ("Wardlow Park"), a facility owned and operated by CITY. A legal description of the Premises, as well as an overhead photograph, 16-5419/143251/DO I are collectively attached hereto as Exhibits "A" and"B" and incorporated by this reference as though fully set forth herein. 3. TERM OF AGREEMENT The term of this Agreement shall be for a period of five(5)years, commencing on the first(1st) day of y�2017, and ending onol,2022. The term of this Agreement may be extended for one additional five(5) year period upon mutual consent of CITY and LEAGUE evidenced in writing. CITY may withhold consent to extend this Agreement with or without cause, in which case this Agreement shall terminate. 4. GENERAL USE OF PREMISES AND RELATED IMPROVEMENTS A. LEAGUE shall use and maintain the Premises for youth baseball recreational purposes,and shall not use or permit the Premises to be used for any other purpose without the prior written consent of CITY. B. LEAGUE shall be entitled to access and use of Premises as set forth in the Annual Allocation Schedule (the"Allocation Schedule"). Allocation Schedule shall include all games, practices and other approved activities for the calendar year and shall be submitted in the format as described in Exhibit"C". LEAGUE shall submit the Allocation Schedules to CITY no later than the last day of February on annual basis for approval by the Director of Community Services or his or her designee,which shall not be unreasonably withheld. LEAGUE shall make available the Premises to CITY and other CITY approved organizations at those times and days that the LEAGUE is not utilizing said Premises as further agreed to by the Parties. C. LEAGUE shall provide all furniture,equipment,materials and supplies needed to use and maintain the Premises for the purpose described herein. D. LEAGUE shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Wardlow Park visitors, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. LEAGUE shall not cause,maintain or permit any nuisance in, on,or about the Premises. LEAGUE shall not store any materials or supplies that are considered hazardous including but not limited to chemicals, flammable materials, toxic materials, etc. on the Premises. E. No modifications or improvements shall be made to Premises without prior written consent of CITY. Written consent will not be unreasonably withheld by CITY. CITY may require, as part of consent to modify or improve said Premises, LEAGUE to enter into a 16-5419/143251/DO 2 separate agreement with CITY detailing the terms and conditions of said modifications or improvements. F. LEAGUE shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of, or affect any fire or other insurance upon the building or any of its contents. 5. SNACK BAR/RESTROOM BUILDING USE AND RESPONSIBILITIES LEAGUE shall be entitled to access and use the snack bar/restroom building (`BUILDING") in support of LEAGUE activities only, with the main purpose of storage of LEAGUE related equipment and supplies, preparing and serving food and beverages during the days and times LEAGUE is utilizing the PREMISES as stated in the Allocation Schedule. LEAGUE shall not use or permit the BUILDING to be used, in whole or in part, during the entire term of this agreement or any renewals or extensions thereof or during any holdover period for any purpose other than as herein set forth, without the prior written consent of CITY. CITY shall have the right to prohibit the sale of any item or article which is objectionable or beyond the scope of the merchandise necessary for proper service to the public. Except as permitted in advance in writing by CITY, all foods and beverages shall be sold in disposable paper or plastic containers. No pull-top cans or styrofoam containers are to be vended or dispensed from the Premises unless pre-approved in writing by CITY. LEAGUE, wherever feasible, shall eliminate the use of non-recyclable containers and plastics. LEAGUE shall acquire and maintain all applicable permits, including Health Department approvals required to operate a food service operation. Flammable or other hazardous materials shall not be stored in the BUILDING. LEAGUE shall be responsible for locking and unlocking the restrooms during all scheduled LEAGUE activities, including all practices and game days. 6. PARKING LEAGUE shall have non-exclusive use of the parking lot for LEAGUE activities. Use of the parking lot for other purposes than to park cars shall be prohibited without prior approval by CITY. 7. IN-KIND SERVICE IN LIEU OF RENT FOR USE OF PREMISES In lieu of paying hourly rent for use of the facility, LEAGUE agrees to perform "in-kind" in the form of maintenance and other duties on the premises as described in Sections 9, 10 and 11 and further defined in Exhibit "D" —"In-Kind Service". The value of"in-kind" services performed shall be compared to the potential rent CITY would receive for use of the fields based upon the rental fees for such use as established by Resolution of the City Council. For 16-5419/143251/DO 3 comparison purposes, the value of in-kind services shall be valued against the use of the premises as described in the Allocation Schedule on an annual basis. The comparison period shall be January 1, through December 31 of each year the agreement is in effect. On an annual basis, the value of in-kind services shall be equivalent to, or, exceed the amount of rent CITY would receive for the amount of use by LEAGUE. In the event the value of"in-kind" services is less than the field rental cost, LEAGUE shall pay the difference in the form of rent payment to CITY per the approved fees established by resolution for Charges for Rentals and Recreation Services. Such payment shall be remitted no later than 30 days after the final date of use as stated in the Allocation Schedule. 8. REPAIR AND MAINTENANCE BOND A. LEAGUE shall, at its sole cost and expense, keep the Premises and every part thereof in good condition and repair, damage from causes beyond the reasonable control of LEAGUE and ordinary wear and tear excepted. LEAGUE shall upon the expiration or sooner termination of this Agreement, surrender the Premises to the CITY in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of LEAGUE excepted. CITY shall provide notice to LEAGUE of any deficiency in repair and LEAGUE shall have a reasonable opportunity to cure or correct any deficiency. In the event Premises are not maintained in a good condition, after notice and opportunity to correct, as determined at the sole discretion of the CITY, CITY or a contractor hired by CITY, may enter and perform maintenance or repair. LEAGUE shall maintain a cash deposit or bond (in a form acceptable to the CITY Attorney) surety in the amount of$1,000.00 to assure performance of required maintenance. In the event LEAGUE fails to maintain said Premises, as provided herein, CITY may utilize said surety to pay the cost. Any surety funds used by the CITY shall be renewed by the LEAGUE within fourteen (14) days of withdrawal by CITY. B. LEAGUE shall not be responsible for maintenance and repairs which are caused in whole or in part by the act, neglect, fault or omission of any duty by the CITY or its agents, employees or invitees, in which case CITY shall pay cost of such maintenance and repairs. 9. OTHER IMPROVEMENTS Within 90 days of the execution of this agreement, LEAGUE shall be responsible for constructing a trash bin enclosure on the premises. The enclosure shall be designed to meet all CITY codes and standards and be approved by CITY. LEAGUE shall also be required to contract for refuse service and responsible to pay all charges for such service directly to the provider. 16-5419/143251/DO 4 10. MAINTENANCE RESPONSIBILITIES A. LEAGUE agrees to maintain the Premises in good order and repair, at LEAGUE'S sole cost and expense, during the entire term of this agreement or any renewals or extensions thereof or during any holdover period, pursuant to the CITY's maintenance standards. A copy of the quarterly evaluation summary sheet setting forth the CITY's maintenance checklist is attached as Exhibit "E", and incorporated herein by this reference. LEAGUE shall also consult with Community Services Director or his/her designee prior to conducting any maintenance or repair beyond the routine maintenance as specified in Exhibit "E". LEAGUE shall submit a maintenance schedule and plan to the CITY in writing no later than the last day of January of each year for review and approval by the Director of Community Services or his/her designee. CITY's maintenance responsibilities shall be limited to maintaining those areas of the park not depicted in Exhibit"B", except that CITY shall be maintenance of the landscape area along the east perimeter of the parking lot. Building related maintenance by CITY shall be limited to all sewer laterals and drain lines and the roof. B. Ballfield and Surrounding Turf Areas—LEAGUE shall repair and maintain landscaping of Premises, including mowing, edging, and chalking, trash removal. In addition, LEAGUE shall be responsible for cost of maintenance and repair of irrigation systems within the PREMISES. C. Parking Lot Area— LEAGUE shall be responsible for custodial maintenance of the parking lot which at a minimum will include removing trash from the parking stalls and drive aisle and the landscape areas surrounding the lot. D Snack bar/Restroom Building — LEAGUE will be responsible for all custodial maintenance of BUILDING, including storage and food service areas and restrooms. LEAGUE shall appropriately clean the facility after each use. Food should be stored in a manner to minimize attracting rodents and other pests. Restroom custodial maintenance shall include but not be limited to regular cleaning and stocking of supplies; maintenance of sinks, toilets, plumbing fixtures, stall panels and doors. E. In addition to custodial maintenance, LEAGUE shall be responsible to maintain all interior sewer lines and drain lines in all of the entire facility. LEAGUE shall paint, stain, or seal the Premises' exterior surfaces a minimum of every three (3) years, unless CITY determines in its sole discretion that such work shall be done on a more frequent basis. All exterior metal surfaces, except the roof, shall be painted with rust resistant paint no less than once every other year. Any and all graffiti on the Premises shall be removed by LEAGUE, at its sole cost and expense, within forty-eight (48) hours of LEAGUE receiving notice thereof or of LEAGUE becoming aware of such graffiti. In addition, with or without notice from CITY, LEAGUE shall, at its sole cost and expense, repair and/or replace any broken glass within forty-eight (48) hours of its becoming broken, regardless of cause, except by fault of CITY. Except as provided above for graffiti and broken glass, LEAGUE, at its sole cost and expense and with or without notice from CITY, shall repair and/or replace all damage or destruction to the Premises caused by act(s) of vandalism as soon as possible but in no event later than fourteen (14) days after the date such l 6-54 l 9/143251/DO 5 damage or destruction occurred. LEAGUE, at its sole cost and expense, shall repair and/or replace all other damage or destruction to the Premises, regardless of cause, except by fault of CITY. LEAGUE shall comply with all written notices served by CITY with regard to the care and maintenance of the Premises. Any written notice hereunder shall specify the work to be done and the period of time deemed to be reasonably necessary for completion of such work. Should LEAGUE fail to commence making the necessary repairs within seven (7) days after receiving such notice, or within twenty-four(24) hours of the glass becoming broken in the case of broken glass, or fail to diligently proceed to complete the necessary repairs within the period of time reasonably specified in the CITY's notice, or within forty-eight (48) hours of the glass becoming broken in the case of broken glass, or within the forty-eight (48) hour time period for removing graffiti, or within fourteen (1 4) days of the date that the vandalism damage or destruction occurred, CITY shall proceed to cause the required work to be performed, and LEAGUE shall promptly reimburse CITY for the cost of labor and materials thereof and pay CITY a penalty on such costs at the penalty rate set forth in Section 6 above from the date the costs were incurred by CITY. 11. SPONSORSHIP BANNERS AND SIGNS ON PREMISES Per the general provisions of Zoning Code Section 233.10(M) and Municipal Code Section 13.48.140, LEAGUE shall be permitted to display sponsorship banners and signs within the premises. At its sole and absolute discretion, CITY may request removal of any banner or sign from the premises. 12. COMPLIANCE WITH LAW AND OTHER CITY AGREEMENTS A. LEAGUE shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation now in force, or which may hereafter be enacted or promulgated. LEAGUE shall at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or relating to, or affecting the condition, use, or occupancy of the Premises, excluding structural changes not related to or affected by LEAGUE's improvements or acts. In addition, LEAGUE will be required to comply with the CITY's ordinance prohibiting the use of Styrofoam products at CITY facilities. LEAGUE is strongly encouraged to use recyclable/recycled products (i.e. paper coffee cups, etc.). B. In addition, LEAGUE shall comply with all existing CITY agreements with third parties that relate or affect the terms of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of prior agreements entered into by the CITY with third parties, the terms of this Agreement are subordinate. CITY will endeavor to make LEAGUE aware of all agreements that the CITY has with third parties that may affect the terms and conditions of this Agreement. 16-5419/143251/DO 6 13. ASSIGNMENT AND SUBLETTING LEAGUE shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this Agreement or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege thereto, or allow any other person (the employees, agents, servants, and invitees of LEAGUE excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the CITY. CITY may withhold consent at its sole discretion. 14. SUBROGATION As long as their respective insurers so permit, CITY and LEAGUE hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 15. SERVICES AND UTILITIES CITY agrees to furnish to the Premises water and electricity ("Utility Service") suitable for the intended use of the Premises. CITY shall pay all charges for Utility Service during the term of this Agreement. 16. RULES AND REGULATIONS CITY at its sole discretion may adopt reasonable rules and regulations governing Wardlow Park use. LEAGUE shall faithfully observe and comply with the rules and regulations that CITY may from time to time promulgate. CITY reserves the right from time to time to make all reasonable modifications to said rules. The additions and modifications to those rules shall be binding upon LEAGUE upon delivery of a copy of them to LEAGUE. 17. ENTRY BY CITY CITY reserves and shall at any and all times have the right to enter the Premises, without notice to LEAGUE, for the purposes of inspection, and any other service to be provided by CITY to LEAGUE hereunder, and to alter, improve, or repair the Premises, providing that the business of the LEAGUE shall not be interfered with unreasonably. 16-5419/143251/DO 7 18. RECONSTRUCTION A. In the event that the Premises including the Snack bar Building ("BUILDING") of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, CITY agrees to forthwith repair the same; and this Agreement shall remain in full force and effect. B. In the event that the Premises or a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then CITY shall repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is greater than ten percent (10%) of the full replacement cost, then CITY shall have the option: (1)to repair or restore such damage, this Agreement continuing in full force and effect, or (2) give notice to LEAGUE within sixty days (60) of the damage, at which time this Agreement shall expire and all interests of the LEAGUE in the Premises shall terminate on the date so specified in such notice. C. The LEAGUE shall not be entitled to any compensation or damages from CITY for loss of the use of the whole or any part of the Premises, LEAGUE's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 19. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS LEAGUE 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 LEAGUE's (or LEAGUE's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement, use of the Premises, or its failure to comply with any of its obligations contained in this Agreement by LEAGUE, 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 LEAGUE for all costs and attorney's fees incurred by CITY in enforcing this obligation. LEAGUE will conduct all defense at its sole cost and expense and the CITY shall approve selection of LEAGUE's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the LEAGUE. 16-5419/143251/DO 8 20. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE LEAGUE acknowledges awareness of Section 3700 et seq. of the California Labor Code., which requires every employer to be insured against liability for workers' compensation. LEAGUE covenants that it shall comply with such provisions prior to the commencement of this Agreement. LEAGUE shall obtain and furnish to CITY workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. LEAGUE shall require all subcontractors-and contractors to provide such workers' compensation and employers' liability insurance for all of the subcontractors' and contractors' employees. LEAGUE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and LEAGUE shall similarly require all subcontractors and contractors to waive subrogation. 21. GENERAL PUBLIC LIABILITY INSURANCE A. In addition to the workers' compensation and employers' liability insurance and LEAGUE's covenant to defend, hold harmless and indemnify CITY, LEAGUE 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 LEAGUE, 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 Agreement shall be deemed excess coverage and that LEAGUE's insurance shall be primary. B. 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. 22. PROPERTY INSURANCE A. LEAGUE shall provide before commencement of this Agreement and shall obtain and furnish to CITY, at LEAGUE's sole cost and expense, property and fire insurance 16-5419/143251/DO 9 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, all Improvements, Trade Fixtures, personal property whether or not owned or leased by LEAGUE, and all trade inventory in or on the Premises against damage or destruction by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming LEAGUE 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 LEAGUE, 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 LEAGUE, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to CITY. The policy shall also contain a special endorsement that if the Premises are so destroyed triggering the parties' ability to terminate as set forth in this Agreement, and either party elects to terminate the Agreement, the entire amount of any insurance proceeds (excluding such proceeds for trade fixtures, personal property whether or not owned or leased by LEAGUE and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to CITY. The proceeds of any such insurance payable to CITY may be used, in the sole discretion of CITY, for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s) as CITY sees fit. B. This policy shall also contain the following endorsements: 1. 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 Agreement. 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. 23. INCREASE IN 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 in Section 17 above and/or property insurance coverage in Section 18 above at that time is not adequate, LEAGUE shall increase the insurance coverage as reasonably required by CITY. 16-5419/143251/DO 10 24. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS A. Prior to commencement of this Agreement, LEAGUE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; 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. B. LEAGUE shall maintain the foregoing insurance coverage in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from LEAGUE's defense, hold harmless and indemnification obligations as set forth in this Agreement. 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. LEAGUE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 25. INSURANCE HAZARDS LEAGUE 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 Agreement. LEAGUE 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 Agreement necessary for the continued maintenance of these policies at reasonable rates. 26. NO TITLE INTEREST No title or property interest of any kind is hereby given and LEAGUE shall never assert any claim or title to the Premises. 27. DEFAULT, REMEDIES A. Default The occurrence of any one or more of the following events shall constitute a default under this Agreement by LEAGUE: 16-5419/143251/DO 11 I. Non-curable defaults: a) The vacating or abandonment of the Premises by LEAGUE. b) Any attempted or involuntary transfer of LEAGUE's interest in this Agreement without CITY's prior consent. c) If LEAGUE makes, or has made, or furnishes any warranty, representation or statement to CITY in connection with the Agreement which is or was false or misleading in any material respect when made or furnished. 2. Curable defaults: a.) The failure by LEAGUE to make any payment of rent or any other payment required to be made by LEAGUE hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by CITY to LEAGUE, this Agreement shall be terminable at CITY's option. b) The failure by LEAGUE to observe or perform any of the covenants, conditions, or provisions of this Agreement to be observed or performed by the LEAGUE, where such failure shall continue for a period of thirty (30) days after written notice thereof by CITY to LEAGUE; provided; however, that if the nature of LEAGUE's default is such that more than thirty (30) days was reasonably required for its cure, then LEAGUE shall not be deemed to be in default if LEAGUE commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. B. Remedies In the event of any non-curable default or breach by LEAGUE, CITY shall have the right to terminate this Agreement and LEAGUE's right to possession of the Premises, and LEAGUE shall immediately surrender possession of the Premises to CITY. If CITY terminates this Agreement and LEAGUE's right to possession for the Premises, CITY may recover the following from LEAGUE: 1. The worth at the time of award of the unpaid rent which was due, owing and unpaid by LEAGUE to CITY at the time of termination; 16-5419/143251/DO 12 2. The worth at the time of the award of the amount by which the unpaid rent for the balance of the Agreement term after the time of award exceeds the amount of rental loss which LEAGUE proves could be reasonably avoided; 3. Pursuing any other remedies now or hereafter available to CITY under the laws or any judicial decision of the state in which the Premises are located. 28. NOTICE All such notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands sent by either party shall be sent by United States Postal Service, postage prepaid, addressed as follows: Director of Community Services Huntington Valley Little League CITY of Huntington Beach P. O. Box 5111 2000 Main Street Huntington Beach, CA 92615 Huntington Beach, CA 92648-2702 29. GENERAL PROVISIONS A. Attorney. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees and costs of suit. B. Waiver. The waiver by CITY of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition on any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by CITY shall not be deemed to be a waiver of any preceding breach by LEAGUE of any term, covenant, or condition of this agreement, other than the failure of the LEAGUE to pay the particular rental so accepted, regardless of CITY's knowledge of such preceding breach at the time of the acceptance of such rent. C. Time. Time is of the essence of this Agreement, and each and all of its provisions in which performance is a factor. D. Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 16-5419/143251/DO 13 E. Quiet Possession. Upon LEAGUE paying the rent reserved hereunder, and observing and performing all of the covenants, conditions, and provisions on LEAGUE's part to be observed and performed hereunder, LEAGUE shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Agreement. F. Prior Agreements. This Agreement contains all of the Agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior Agreements or understanding pertaining to any such matters shall be effective for any purpose; no provision of this Agreement may be amended or added to except by an Agreement in writing signed by the parties hereto or their respective successors-in-interest. This Agreement shall not be effective or binding on any party until fully executed by both parties hereto. G. Inability to Perform. This Agreement and the obligations of the LEAGUE hereunder shall not be affected or impaired because the CITY is unable to fulfill any of its obligations hereunder, or is delayed on doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the CITY. H. Severability. Any provision of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in fulf force and effect. 1. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. J. Choice of Law. This Agreement shall be governed by the laws of the State of California, with venue in the courts of Orange County. 16-5419/14325]/DO 14 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on D,:5—, 2017. HUNTINGTON VALLEY LITTLE CITY OF HUNTINGTON BEACH, LEAGUE, LLC, a California ot-for-profit a municipal corporation of the State of corporation, California By: hAA a lr >r Mayor (print or type name Its: (circle one) Chairma resident/; Vice President - ATTEST: City Clerk By: jZAMo.j (print or type name) Its: (circle one) Secretary/Chief Financial Officer/ Asst. SecretaryQEasurcr APPROVED AS TO FORM: City Attorney Dk o 124C' \5o REVIEWED AND APPROVED: c ITIATED AND APPROVED: y Panager Director of Community Services 16-5419/143251/DO 15 16-5419/143251/DO Exhibit A THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID PARCEL BEING ALL OF LOT "F", TRACT 17239, AS SHOWN ON THE MAP FILED IN BOOK 926, PAGES 19 THROUGH 24 INCLUSIVE OF MISCELLANEOUS MAPS AND A PORTION OF THE LANDS DESCRIBED IN THE GRANT DEED TO THE CITY OF HUNTINGTON BEACH RECORDED 29 NOVEMBER, 2005 AS DOCUMENT NUMBER 2005000949175, SAID GRANT DEED DESCRIBING A PORTION OF LOT 86, TRACT 4493, AS SHOWN ON THE MAP FILED IN BOOK 159, PAGES 7 THROUGH 11 , INCLUSIVE OF SAID MISCELLANEOUS MAPS TOGETHER WITH A PORTION OF THE NORTHWEST QUARTER, OF THE SOUTHWEST QUARTER, OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE MAP FILED IN BOOK 51 , PAGE 14 OF SAID MISCELLANEOUS MAPS, ALL OF WHICH ARE LOCATED IN THE RECORDER'S OFFICE, OF SAID COUNTY. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PARCEL FOR A LICENSE AGREEMENT PURPOSES TO BE MADE FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES, SAID PARCEL MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MAGNOLIA STREET (100 FEET WIDE) AND PIONEER DRIVE (60 FEET WIDE) AS SHOWN ON THE MAP FOR SAID TRACT 17239, THENCE EASTERLY ALONG THE CENTERLINE OF PIONEER DRIVE, SOUTH 89°33'51 " EAST, 208.87 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO SAID CENTERLINE NORTH 00°26'09" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ALONG THE NORTHERLY LINE OF PIONEER DRIVE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 86, OF SAID TRACT 4493, AS SAID SOUTHWEST CORNER WAS ESTABLISHED, PER THE MAP FILED FOR SAID TRACT 17239; THENCE EASTERLY ALONG SAID NORTHERLY LINE, OF PIONEER DRIVE, SOUTH 89°33'51 " EAST, 514.27 FEET, TO THE SOUTHEAST CORNER OF LOT "F", OF SAID TRACT 17239; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT "F", NORTH 00°26'09" EAST, 175.04 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 363.00 FEET; LEGAL DESCRIPTION LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR, YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Ll OF 3 Exhibit A ( CONTINUED ) THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY LINE OF SAID LOT "F", ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°26'26", AN ARC LENGTH OF 21 .80 FEET, TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2600.00 FEET; THENCE NORTHERLY, CONTINUING ALONG SAID EAST LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 03°34'27", AN ARC LENGTH OF 162.19 FEET; THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°18'08" EAST, 66.52 FEET TO THE NORTHEAST CORNER OF SAID LOT „F„ THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT "F", NORTH 89°41 '52" WEST, 86.30 FEET TO THE NORTHWEST CORNER OF SAID LOT "F", SAID NORTHWEST CORNER BEING THE SOUTHWEST CORNER OF LOT "G", OF SAID TRACT 17239; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT "G" NORTH 00°23'18" EAST, 78.99 FEET; THENCE AT RIGHT ANGLES TO SAID WEST LINE, NORTH 89°36'42" WEST, 135.00 FEET; THENCE NORTH 00°27'12" EAST, 99.00 FEET, TO THE SOUTH LINE OF TRACT 6080, AS SHOWN ON THE MAP FILED IN BOOK 230, PAGES 3 AND 4 OF SAID MISCELLANEOUS MAPS; THENCE WESTERLY ALONG SAID SOUTH LINE OF SAID TRACT 6080 AND CONTINUING ALONG THE SOUTH LINE OF TRACT 6079 AS SHOWN ON THE MAP FILE IN BOOK 222, PAGES 42 AND 43 OF SAID MISCELLANEOUS MAPS, NORTH 89°32'48" WEST, 129.33 FEET; THENCE AT RIGHT ANGLES TO SAID SOUTH LINE SOUTH 00°27'12" WEST, 100.00 FEET; LEGAL DESCRIPTION LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2 OF 3 Exhibit A ( CONTINUED ) THENCE NORTH 89°42'52" WEST, 169.00 FEET, TO THE WEST LINE OF THAT GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 29 NOVEMBER 2005, AS DOCUMENT NUMBER 2005000949175; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID GRANT DEED TO THE CITY OF HUNTINGTON BEACH, SOUTH 00°17'08" WEST, 92.24 FEET, TO THE NORTHWEST CORNER OF LOT 86, OF SAID TRACT 4493, PER SAID GRANT DEED TO THE CITY OF HUNTINGTON BEACH; THENCE SOUTHERLY CONTINUING ALONG SAID WEST LINE SOUTH 00°26'09" WEST, 410.47 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 266,462 SQUARE FEET MORE OR LESS (6.12 ACRES). SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. \-ANL) Iwo, is �"AIZ4--T � � �' F vcn � -4 _ 0 = o EXP, 12-31-17 JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31 /17 sT9 L.S. 7340 lF OF CA\-\\ LEGAL DESCRIPTION LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 3 OF 3 16-5419/143251/DO N 89.32'48" w Exhibit B(R)— MADELINE DRIVE - - -7— —i- - - r - - r - - T - - -1 - - -I- - - r — Tr - - T - - -1 TRL,+~ , 6079 I TRA T 6080, ?A.':9. 222J42 43 I I I 1 M.M. 230/3•-4 27 I 28 1 29 l 30 1 31 1 32 1 1 1 1 1 ; N 89'32'4$" yy 33 3f I 30 1 29 i 28 'r9*42'52" . 2'48" W (R)— 129.33 1 1 I I 1 - - - L - -T- � T - -1- -L .29134.89 i0 '! i2 i3 L8 L7 II Z W I I TRACT f7239 0 169.00' �� L6 I 1• 'M �26/E9 24 '- - -L - - .L - - o w 'LAY LINE TRACT 4493, .r Lw SHERIDAN DRIVE _ �, ESTABLISHED 192.74' L5 v' °0 1-9 S/0 S'LY LJNE TRACTS NW'LY CORNER I — — s 6 79 AND 6080, PER LOT "F", PER (RL4 g NW'LY CORNER LOT 86, NE'LY CORNER LOT "F TRACT 4493, M.M. D 159/7-11, PER (RI) PER (R) D D � IC) rill 7 GRA*NT DEED NOTE: 1 II II 0 — ZO a I RECORDIED if; 23 -' SEE SHEET 2 OF 2, FOR °'^� (A '-' 0 200500094'i17� . �. 6 . ....� D N3 LINE TABLE, CURVE TABLE, 0 I REFERENCES AND LEGEND. `O C) N - : i0. 1 ' o - ZO .i 50' So'� , GRAPHIC SCALE �o 5 �� 50 0 too 200 4 co w Nnro C1w T SCALE IN FEET �� 0 3 1 inch = 100 ft. I cD N TI J O a) TRUE POINT OF BEGINNING. 1D o SW'LY LOT CORNER LOT SE'LY CORNER LOT 'F",- 86. TRACT 4493, Mty�. I 159/7-11, PER (R) ° 'I PER (R). J� L1 L2 S 89'33'51 " E, 514.27' (R) o N 89.33'51 " w(R) - PIONEER DRIVE o POINT OF COMMENCEMENT CENTERLINE INTERSECTION MAGNOLIA STREET AND PIONEER DRIVE Plat LICENSE AGREEMENT FOR MAINTENANCE AND . J USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exhibit B ( CONTINUED ) LINE TABLE: o SAND s G. L1 = S 89°33'51 " E, 208.87' (R) L2= N 00°26'09" E, 30.00' (R) - o = o EXP. 12-31-17 L3= N 00-18'08" E, 66.52' (R) J L4= N 89°41 '52" W, 86.30' (R) L.S. 7340 �P L5= N 00*23'18" E, 78.99' qTF OF CA��F°�� L6= N 89°36'42" W, 135.00' L7= N 00°27'12" E, 99.00' L8= S 00°27'12" W, 100.00' L9= S 00*17'08" W, 92,24' L10= N 89°32'48" W, 210,00' (R) JOSEPH G. DERLETH CURVE TABLE: PLS 7340 EXPIRES 12/31 /17 C1 0= 03°26'26", RAD= 363.00 , L= 21 .80' REFERNCES: (R) = RECORD PER TRACT 17239, FILED IN BOOK 926, PAGES 19 THROUGH 24 INCLUSIVE OF M.M. (R1 ) = RECORD PER THE GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 29 NOVEMBER, 2005 AS DOCUMENT NUMBER 2005000949175. LEGEND: LICENSE AGREEMENT AREA FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CONTAINING 266,462 SO FT MORE OR LESS (6.12 ACRES). Plat LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2 OF 2 16-5419/143251/DO Exhibit "C" Annual Allocation Schedule - Wardlow Park 2017 Field Usage (includes hours of use for all scheduled games, practices or other events such as ceremonies, picture day, etc.): January: Fields. Games o Practices 72 Other Iz February: Fields: Games 24 Practices 224 Other 8 March: Fields: Games zoo Practices 96 Other o April: Fields: Games 224 Practices 32 Other o May: Fields: Games 152 Practices 32 Other o June: Fields: Games o Practices 36 Other o July: Fields: Games o Practices o Other o August: Fields: Games o Practices o Other o September: Fields: Games 32 Practices 64 Other o October: Fields. Games 32 Practices 64 Other o November: Fields: Games 16 Practices 32 Other 0 Exhibit "C" Annual Allocation Schedule - Wardlow Park 2017 December: Fields: Games o Practices o Other o Total hours of use: 1356 Maintenance: Please describe typical maintenance activities and indicate major or special maintenance activities such as turf aeriation, skimming infields, etc. showing approximate month of occurrence and associated cost 16-5419/143251/DO EXHIBIT "D" In-Kind Services —Wardlow Park 2017 TASK HRS ANNUAL COST Contracted Maintenance—Weekly 23/wk $18,000 Trash removal, empty trash cans, blow and remove leaves, water non-irrigated areas, partial mowing,'edge all grass, weed abatement, misc. maintenance, pin drag all fields, infield conditioning, irrigation check and minor repairs Volunteer Maintenance-Weekly At value of$10/hr 9/wk $4,860 Mowing and misc. maintenance Irrigation Maintenance and Improvements $7,415 Most improvements are made in July and August, but repairs are made as needed Fertilizer, Grass Seed and Turf $1,479 All fields are reseeded, repaired and fertilized in December and January Turface Infield Conditioner and Infield Dirt $4,305 Infield dirt and conditioner are added in February and fields are re-leveled Field Maintenance Supplies $3,888 Includes all weed killers, rodent abatements, tools, graffiti removal, paint, hoses and other miscellaneous supplies used or replaced throughout the year Tractor and Mower Fuel and Maintenance $578 Field Striping Supplies $2,442 EXHIBIT "D" In-Kind Services — Wardlow Park 2017 TASK HRS ANNUAL COST Field Dragging, Watering and Striping ($10 per hour) $5,280 448 total hours of work are completed (32 volunteer hours a week during 14 weeks) in February, March, April and May 80 total hours of work are-completed (8 volunteer hours a week during 10 weeks) in September, October and November Tree Trimming $1,075 Completed in November or December Locksmith $1,351 Locks are rekeyed in January Field Aeration $1,200 Completed biannually by volunteers in January and July Infield Fringe Skimming $1,700 Completed annually by volunteers in January Field Maintenance Day Volunteers $10 per hour) $6,480 648 hours of work are completed by 162 volunteers each working for 4 hours in February GRAND TOTAL $59,876 16-5419/143251/DO EXHIBIT "E" WARDLOW PARK QUARTELY MAINTENANCE CHECKLIST Date Inspected: By: HVLL Representative: AREA O.K NEEDS ATTENTION GENERAL GROUNDS Turf Fencing Backstops Netting Storage Areas Irrigation Trash Enclosure Parking Lot Banners/Signage Other SNACKBAR/RESTROOM BUILDING Doors and Locks Exterior Walls Interior Walls Equipment Windows/Trim Roof Restroom Sinks Restroom Stalls/Urinals Storage Areas DATE(MIWOOffy) CERTIFICATE OF LIABILITY INSURANCE 12/21/16 PRODUCER CERTIFICATE#: SP31 4 62 Keystone Risk Managers, LLC 406O — OS 1995 Point Township Drive Northumberland,PA 178667 INSURERS AFFORDING COVERAGE: ADDITIONAL NAMED INSURED: INSURER A: Lexington Insurance Company HUNTINGTON VALLEY LL INSURER B: National Union Fire Insurance Company of T I M STONE, �Non-LiabflityL_ Pittsburgh,PA 18891 CLEARVIEW LANE INSURER C: AIG Specialty insurance Company HUNTINGTON BEACH CA 92648 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEDI:NQTWITHSTANDMG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY'SE 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, INSR ADO'L POLICY EFFECTIVE POLICY EXPIRATION LTR NAMED TYPE OF INBURANCE POLICY NUMBER DATE(M1M/DD/YyyY) DATE(h1M/DDNYYy) LIMITS1 INSFID GENERAL LIABILITY EACH OCCURRENCE ;$1, 000, 000 A X X OCCURRENCE 011;225113 IS I/0.J../.2017 1/01/20W GENERAL AGGREGATE $C,'-".-QoOl 000 S1000 000 X INCL PARTICIPANTS Property Damage Deductible:$260 PRODUCTS/COMP CPS 1 , Sexual Abuse OCCURRENCE $11000 000 , X SEXUAL ABUSE Sexua[Abose 000, 000 AGGREGATE MEDICAL PAYMENTS Any One Person 7 EACH LOSS $1,000,000 DIRECTORS&OFFICERS 18251913 1/2017� 1/01/2018 AGGREGATE $1,000,000 A X I I 1/0 - LIMIT OF LIABILITY $100,000 PER A x cyBER LIABILITY COVERAGE 01-7601;04 J. i/20t711/01/2018 CLAIMS MADE LEAGUE AGGREGATE S&P SECURITY AND PRIVACY LIABILITY $100,000 PER LEAGUE SUBLIMIT OF LIABILITY RETROACTIVE DATE CONTINUITY DATE INSURANCE $1,000 PER LEAGUE RETENTION POLICY INCEPTION POLICY INCEPTION REGULATORY ACTION SUBLIMIT OF $100,000 PER LEAGUE SUBLIMIT OF LIABILITY LIABILITY $1 000 PER LEAGUE RETENTION EM EVENT MANAGEMENT INSURANCE $100,000 PER LEAGUE SUBLIMIT OF LIABILITY NOT APPLICABLE POLICY INCEPTION $1 1000 PER LEAGUE RETENTION 011408720EI/01/201,711101/2018 EACH LOSS $35,000 CRIME COVERAGE Crime Deductible:$260 Property/$1,000 Money AGGREGATE NONE As in Master Policy: As in Master Policy SPORTS EXCESS ACCIDENT Mad,Max.$100,000 Excess B X SRG9105434 1/01/2017 i Deductible $50__ )VERA 2rztSA-W.LF-CJI.D-EOR-ADDlTlOt4AL NAMED INSURED ADDITIONAL INSURED Who is an Insured(SECTION 11)of the General Liability policy is amended to include as an insured the person or organization shown in the schedule,but only with respect to liability arising out of the above named Little Leagues maintenance or use of ball fields,or other premises loaned,donated,or rented to that Little League by such person or organizations and subject to the following additional exclusions: 1.Structural alterations,new construction,maintenance,repair or demolition operations performed by or on behalf of the person or organization designated In the Schedule and/or performed by the above named Little League;and 2. That part of the ball field or other promises not being used by the above named title League. NAME AND ADDRESS OF PERSON OR ORGANIZATION., I. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT 2. FOUNTAIN VALLEY SCHOOL DISTRICT O. HUNTINGTON BEACH CITY SCHOOL DISTRICT 4 CITY OF HUNTINGTON BEACH, ITS AGENTS) OFFICERS, EMPLOYEES, ELECTED Ok APPOINTED OFFICIALS AND VOLUNTEERS S. COAST COMMUNITY COLLEGE DISTRICT, ITS COL1.,.5GES, BOARD OF TRUSTEES, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES 6. CITY OF FOUNTAIN VALLEY INSURED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE Little League Baseball Risk Purchasing Group,Inc. WITH THE POLICY PROVISIONS. 539 U.S. FIT.IS Highway South Williamsport, PA 17702 APPROVED AS TO FOR IV, AUTHORIZED REPRESENTATIVE ICHAEL E,GAT CITY ATTORNEY CITY OF HUNTINGTON BEACH ---————---———————— POLICY NUMBER: 011225818 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Huntington Beach, Its Officers, Elected or Appointed Officials, Employees, Agents and Volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the applicable 1. The insurance afforded to such additions[ Limits of Insurance shown in the Declarations_ insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc_, 2012 Page 1 of 1 3 a Su ify CITY OF HUNTINGTON BEACR 2000 Main Street, Huntington Beach, CA 92648 Hun6nwh Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may mike a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 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. 1 authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire I any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. 'F 1 Company Name: Address: Applicant Applicant's Signature: w Title: Date Signed: Telephone Number: -71L 4c/- T� 7 a a ;i i su ►y CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 i DECLARATION OF PERMITTEE I certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. i I authorize the City of Huntington Beach to immediately and retroactively rev ike the license or permit issued in connection with or in the performance of said tasks) or event(s) if any vehicle(s) is used. , Signature of Permittee / Print name Company name (if applicable) e ��4"c c / a Date signed I 1 1 3i ]{1 1 i i i� 164(]/ EXHIBIT I 1 City ®t Huntington Beach Community Services Department i HUNTING70N BEACH Special Permit Event Date: January - December Time: From 8am To 8pm Applicant Name: Tim Stone Phone: 714-401-7688 a Organization: Huntington Valley Little League Phone: same Address:19761 Magnolia Street Huntington Beach, CA 92648 i NUMBER STREET CITY STATE ZIP Type of Permit i o Request for Use of Facilities LOCATION X Special Use Permit . Baseball games and practice DESCRIPTION i Type of Event: Baseball Little League Number of Participants: 700 ! Additional Information: NOTE: A $10 fee will be charged to cancel a reservation or to change a date. Cleaning fees may be returned if facility is left clean and free of damage. If other expenses occur not covered herein, additional charges will be made accordingly. .i I agree to abide by all laws, rules and regulations which may apply to thi -area. I accept specific responsibility for other members of my group and f. dama city property andlor, facilities. PPLICANT'S ATURE DATE Fees Required Reservation $ o Facility $ Cleaning $ o Lighting $ o Filing $ o Staff $ o Insurance $ o No Fees Required Return Permit To: i Community Services Department, 2000 Main Street, Huntington Beach, CA 92648-2702 Keep a copy of this permit with you in case of questioning by an official. For City Use Only Total Fees Paid $ Receipt # Received by: Issued by:y Approved by: � COPIES TO: 0 HB POLICE ED BEACH SUPERVISOR ED MARINE SAFETY 0 COM SERV ADMN. P K MAINT C:\The Stone Network\Tim's Personal Files\HVLL Personal Board docs\2016-2017\Special Permit.docx City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 e www.huntingtonbeachca.gov jgp9' Office of the City Clerk Robin Estanislau, City Clerk June 8, 2017 Huntington Valley Little League P. O. Box 5111 Huntington Beach, CA 92615 To Whom It May Concern: Enclosed is a copy of the fully executed "License Agreement Between the City of Huntington Beach and Huntington Valley Little League, Inc. for the Use and Maintenance of Baseball Fields and Related Improvements at Wardlow Park." Sincerely, �&4v&&J Robin Estanislau, CMC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand