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Mariners Church - by Brian Norkaitis, Vice President - Jeremy Moses, CFO - 2012-08-06
(b) MARINEI2SCHURCH August 27, 2015 Joan Flynn, County Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE Mariners Church Library Lease Extension Dear Joan, This letter is to confirm Mariners Church's extension of the 2012 lease agreement between The City of Huntington Beach and Mariners Church for the nonexclusive use of the Huntington Beach library located at 7111 Talbert Avenue, Huntington Beach, California, as amended (the "Lease") The Lease was amended in 2014 to add an additional time for Mariners use of the Library, and this extension is on the same terms and conditions as the amended lease, unless terminated earlier according to the terms of the Lease Thank you for your support of Mariners Church and if you have any questions please do not hesitate to contact me Mariners Church, Very truly youEs- Todd Otte, OjerWions and Development Officer 91i - ®,&6-,JR-(- P/ U/' 6 1� 5001 newport coast drive, Irvine, ca 92603 • 949 769 8100 • marinerschurch org Dept. ID ED 14-02 Page 1 of 2 w A Meeting DateR110/6/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 10/6/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Stephanie Beverage, Director of Library Services SUBJECT: Approve and authorize execution of Amendment No. 1 to Agreement between the City and Mariners Church for nonexclusive use of the Public Library Theater, extending Sunday service hours and adjusting rent schedules accordingly Statement of Issue: The City Council is asked to approve Amendment No. 1 to Agreement between the City of Huntington Beach and Mariners Church for nonexclusive use of the Public Library Theater. This Lease Amendment would extend Sunday service hours and adjust rent schedules accordingly. Financial Impact: The proposed Lease Amendment would adj lease, resulting in $36,270 in additional rer necessary security and sound technician ass requested that an additional $13,520 be Administration/Facility Rentals & Maintenance ist monthly rent payments through the term of the tal revenue collected by the City. To provide the istance for the extended Sunday service hours, it is allocated towards expenditures in the Library Temporary Salaries (10050206.52000). Recommended Action: Approve and authorize the Mayor to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Mariners Church for Nonexclusive Use of the Public Library Theater." Alternative Action(s): Do not approve this lease amendment and direct staff accordingly. Analysis: On August 6, 2012, the City Council approved a lease agreement between the City and Mariners Church for use of the Central Library Theater to include ancillary rooms for church services on Sundays. Since the signing of the lease agreement, the church congregation has grown substantially. Currently, the church offers three morning/midday services and proposes to add an evening service to accommodate the expanding membership. Approval of the proposed amendment would allow Mariners Church to extend the Central Library Theater hours of use for evening services starting September 2, 2014, through August 30, 2015. The proposed Lease Amendment would increase monthly rent payments by $3,022.50 from September 2, 2014, through August 30, 2015, totaling $36,270 of additional rental revenue collected by the City through the remaining lease term. I;B _i;-7- Item 11. - 1 Dept. ID ED 14-02 Page 2 of 2 Meeting Date: 10/6/2014 The City reviewed the current use of Central Library on Sundays and determined that a Lease Amendment with Mariners Church can be accommodated and provides increased revenue to the City's General Fund. Based upon past experience with Mariners Church, staff recommends approval of the proposed Agreement. Environmental Status: Not Applicable Strategic Plan Goal: Improve long-term financial sustainability Attachment(s): "Amendment No. 1 to Agreement Between the City of Huntington Beach and Mariners Church for Nonexclusive Use of the Public Library Theater" Item 11. - 2 11B -158- AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARINERS CHURCH FOR NONEXLUSIVE USE OF THE PUBLIC LIBRARY THEATER This Amendment is made and entered into by and between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "CITY," and Mariners Church, a California nonprofit corporation, hereinafter referred to as "LESSEE." WHEREAS, CITY and LESSEE are parties to that certain agreement, dated August 6, 2012, entitled "Lease Agreement Between the City of Huntington Beach and Mariners Church for Nonexclusive Use of the Public Library Theater," which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and LESSEE wish to amend the Original Agreement to reflect an additional permitted use and revised rent schedules, NOW, THEREFORE, it is agreed by CITY and LESSEE as follows: 1. AMENDMENT OF SECTION 1 ENTITLED "DESCRIPTION OF PREMISES." Section 1 of the Original Agreement, entitled "Description of Premises," is hereby amended to read as follows: SECTION 1. Description of Premises The Premises consist of that certain real property commonly known and described as a portion of the improvement, structure and fixtures located at 7111 Talbert Avenue, Huntington Beach, California. The premises include (a) the physical structure consisting of (i) the theater (including the stage, auditorium, backstage area, designated storage areas, technical booth, greenroom, and all areas commonly associated with the intended use of the theater), (ii) B Room, C Room, D Room and E Room, (iii) the lobby, (iv) the theater office, and (v) the kitchen (collectively, the "Theater"), (vi) Balboa Room and (vii) Maddy Room; and (b) all fixtures, supplies, and personal property, as identified and itemized in the plans and specifications of the Central Library expansion documents (collectively, the "Personal Property"), which now or hereafter is owned or held by Lessor and located in or about the Theater or attached thereto or used in conjunction with the operation thereof. The Director of Library Services may amend the location and cost of rooms, referenced in Exhibit 1, with mutual agreement of the parties. 12-3411.002/112473 2. SECTION 3. Permitted Use Childcare is allowed as a permitted use. 3. SECTION 5. Gross Rent The gross rent is revised as follows: September 2, 2014 through end of Lease period: Seventy-five thousand eight hundred dollars and forty cents ($75,800.40) or six thousand three hundred sixteen dollars and seventy cents ($6,316.70), as set forth in Exhibit 1 attached hereto and incorporated herein by reference. 4. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement be executed by and through their authorized officers. O P."A69e— MARINERS CHURCH, a Calif a Non, rofit Corporation B3 �Y►l G���,vtz.�,g print name —... ITS: (circle one) Chairman/PresidenWice President &U 17 IT ' circle one) Secretary hief Financial om Asst. Secretary - Treasurer APPROVED AS TO FORM: ROM Fir? I 12-3411.002/112473 2 Attorney al,.j-kV,+- ... - -- EXHIBIT 1 REVISED RENTAL PRICE/ROOM SCHEDULE (SEPTEMBER 14, 2014 - END OF LEASE PERIOD) ROOM FEE ($/HR) HOURS WEEKLY RATE Theater $125.00 10 $1,250.00 Long Term Use Discount-$507.30 City Sound Technician 35.00 4 $140.00 City Security Guard 25.00 23 $575.00 TOTAL WEEKLY $1,457.70 MONTHLY $6,316.70 ANNUAL $75,800.40 NOTE: Locations and rates below are subject to mutual agreement as authorized by Director under Lease. ROOM FEE ($/HR) HOURS WEEKLY RATE B Room 44.00 5 $220.00 Maddy Room 44.00 8 $352.00 Balboa Room 44.00 8 $352.00 C Room 66.00 8 $528.00 D Room 66.00 8 $528.00 E Room 44.00 8 $352.00 Tabby Theater 66.00 5 $330.00 ,�►�oR®® CERTIFICATE OF LIABILITY INSURANCE 2/27/20114 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Church & Casualty Ins Agency Inc 3440 Irvine Ave Newport Beach CA 92660 COME:NTACT Krista Meissner NA PHONE ($00) 995-7525 FAX(800)995-7521 Ai 4MRLE .krista@churchandcasualty.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Church Mutual Insurance Co 18767 INSURED MARINERS CHURCH 5001 NEWPORT COAST DR IRVINE CA 92603-0164 INSURER B : INSURER C : INSURER D : INSURER E : 1 INSURER F: rnVFRAGES rFRTIFIrATF NIJURFR•CL1422798839 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMBS LTR TYPE OF INSURANCE POLICY NUMBER MM/DDNY MM/DDN GENERAL LIABILITY EACH OCCURRENCE $ 2, OOO, 000 DAMAGE TO HEN I ED PREMISES Ea occurrence $ 300, 000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 15,000 A CLAIMS -MADE OCCUR 087063-02-592261 6/1/2013 6/1/2016 PERSONAL & ADV INJURY $ 2, OOO, 000 X GENERAL AGGREGATE $ 5, OOO, 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000 , OOO $ X POLICY PRO- JECTLOC AUTOMOBILE LIABILITY (Ea acciCOMIdent SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Per accident) $ X ALL OWNED SCHEDULED 087063-09-662144 6/1/2014 /1/2015 AUTOS AUTOS NON -OWNED PROPERTY DAMAGE Per accident $ HIRED AUTOS AUTOS Medical payments $ 15,000 UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ A WORKERS COMPENSATION X WC STTORYIMIT OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 DISEASE - EA EMPLOYE $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) N /A 0806—— 7307712192 /1/2014 /1/2015E.L. E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of insurance for use of facilities located at: 7111 Talbert Ave, Huntington Beach, CA 92648. Certificate holder is named additional insured but only with respects to the premises leased to the Named Insured, subject to policy terms, conditions and exclusions. APPROVED AS To FORM By: n 1 t HULUtH CITY OF HUNTINGTON BEACH 7111 TALBERT AVE HUNTINGTON BEACH, CA 92648-1232 ACORD 25 (2010/05) INS025 (201005).01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Meissner/KRISTA U 19t$t$-2UIU AUUHU UUHt'Ur1AI IUIV. Au ngnts reserves. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION FOR .SPECIFIC ACTIVITY - PRIMARY Additional Insured Person(s) or Organzzation(s): Name: City of Huntington Beach Address:7111 Talbert Ave Huntington Beach CA. 92648-1232 City State Zip Activity: Evidence of insurance for use of -facilities located at: 7111 Talbert Ave, Huntington Beach, CA`92648. City of Huntington_ Beach, its officers, elected or appointed officials, employees, agents and volunteers are named additional insured but only with respects to the premises leased to^the Named Insured, subject to policy terms, conditions.and exclusions. 1. Dates): On .going Policy Number: 0087063-02-592261 Policy Effective Dates:6/1/2013-6/1/201,6 The. General Liability Additional Provisions. Form is amended to add the'following` The Who is An Insured .,paragraph is amended to include as an 'insured. the .person(s) or organizabon(s)- as shown above, but only with respect to "bodily injury," "property damage,' "personal injury," and "advertising injury " liability arising solely out of the operations of he Named Insured that are directly related to the activity shown above and only for the dates shown above. Subject to paragraph one,above, the :insurance; provided by #his endorsement ;is primary to any applicable insurance issued specifically to the persons) or organization(s) identified above and no. insurance of the person(s) or organization(s) listed above shall be• called on to contribute to a loss, notwithstanding any provision to the contrary in the General Liability Coverage Form. The:. 'insurance afforded by this endorsement shall not be .canceled except .after 30 'days prior written notice has been given to the insured organization listed above. A2014.1 (12-07) CaPyr ght, Chumh Mutual Ine—np9.campany, 2007 Page 1 Of 1 'Ipdudes o.pyngMed material af'ISO Propene,nc I., with its permission. . - .. COPynght; ISO PrapeAies _IM.. 2004. Cry of Huntington beach 2000 Main Street e Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 8, 2014 Mariner's Church 5001 Newport Coast Dr. Irvine, CA 92603-0164 To Whom It May Concern: Enclosed for your records is a copy of "Amendment No. 1 to Agreement Between the City of Huntington Beach and Mariners Church for Nonexclusive Use of the Public Library Theater." JF:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand A . f Council/Agency Meeting Held: SAZWZa-� Deferred/Continued to: p ov d Co ditionally A ,Wove ❑ e d_� — - / , i9r�.,r�4 C y ler s Si ture Council Meeting Date: August 6, 2012 Departmen Number: ED 12-30 CITY OF HUNTINGTON LEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager/Director of Economic Development Stephanie Beverage, Director of Library Services SUBJECT: Approve allocation of funds and authorize execution of a Lease Agreement between the City and Mariners Church for non exclusive use of the Public Library Theater and Rooms Statement of Issue: The City Council is asked to approve a lease with Mariners Church for the nonexclusive use of the Huntington Beach Central Library on Sundays. The lease does not interfere with the operation of the Central Library. Mariners Church has also offered a one time donation to the Library of $25,000. Financial Impact: The lease will generate $107,887 per year for the General Fund (10000100.43165). To provide the necessary security and sound technician assistance for the rental, it is requested that $23,660 be allocated towards expenditures in the Library Administration/Facility Rentals & Maintenance Temporary Salaries (10050206.52000). In addition, the $25,000 will be deposited into Library Administration Donations 10350101. Recommended Action: Motion to: A) Approve and authorize the Mayor to execute a "Lease Agreement Between the City of Huntington Beach and Mariners Church for Non Exclusive Use of the Public Library Theater" and rooms; and, B) Allocate $23,660 to Library Administration/Facility Rentals & Maintenance (account number 10050206.52000); and, C) Authorize the City Manager to sign all documents to implement this Lease. Alternative Action(s): Do not approve this lease and direct staff as necessary. Item 12. - I xB -284- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/6/2012 DEPARTMENT ID NUMBER: ED 12-30 Analysis: Several years ago, Mariners Church Huntington Beach was formed to provide a location to better serve Huntington Beach. They are associated with Mariners Church located in Irvine. Over the last several years they have held services at the Golden West College facility. Mariners Church approached the City to utilize the Central Library on Sundays. Central Library is closed to the public on Sundays. Currently there are two small churches that rent the facility for services on Sunday and occasionally the Huntington Beach Playhouse provides matinees on Sundays. The City reviewed the current use of Central Library on Sundays and determined that a Lease Agreement with Mariners Church can be accommodated and provides a new revenue stream for the City's General Fund. Mariners Church will occupy the lower portion of Central Library including the Theater and all rooms that are available to rent. The terms of the lease are as follows: - Use 6:30 to 1:30 including set-up and cleaning - Monthly rent of $8,990.58 - Annual rent of $107,887 - One-time donation of $25,000 for library services - Three (3) year term with a two (2) year option - Ability to modify room use/fees by letter agreement - 30% Discount to non-profit room rental rate due to long term Lease City Council is also asked to allocate $23,660 towards expenditures in Library Administration/Facility Rentals & Maintenance Temporary Salaries (10050206.52000) to pay the security and technical assistance required for the Agreement. The two churches that currently utilize the space are located upstairs in another part of the library. Staff is currently working with the Huntington Beach Playhouse to consider eliminating Sunday matinees or to have the matinees later in the afternoon. Environmental Status: Not Applicable Strategic Plan Goal: Enhance economic development Attachment(s): HB -285- Item 12. - 2 Item 12. - 3 x -286- LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARINERS CHURCH FOR NONEXCLUSIVE USE OF THE PUBLIC LIBRARY THEATER THIS LEASE AGREEMENT is made and entered into this &p 771— day of ,1,,U Sr , 2012 by and between THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter "Lessor") and MARINERS CHURCH, a California nonprofit corporation (hereinafter "Lessee"), (collectively "Parties"). WHEREAS, Lessor . owns certain real property (hereinafter "Premises") in the City of Huntington Beach and Lessee desires to lease, on a nonexclusive basis, the aforesaid Premises for community information, education, and cultural enrichment in the manner set forth below. NOW, THEREFORE, in consideration of the obligation of Lessee to pay rent as herein provided and in consideration of the other terms and conditions hereof, Lessor hereby grants to Lessee and Lessee takes from Lessor, to have and to hold, a nonexclusive lease (hereinafter "Lease") of the Premises, upon the following terms and conditions: SECTION 1. Description of Premises The Premises consist of that certain real property commonly known and described as a portion of the improvement, structure and fixtures located at 7111 Talbert Avenue, Huntington Beach, California. The premises include (a) the physical structure consisting of (i) the theater (including the stage, auditorium, backstage area, designated storage areas, technical booth, greenroom, and all areas commonly associated with the intended use of the theater), (ii) B Room, C Room, D Room and E Room, (iii) the lobby, (iv) the theater office, and (v) the kitchen (collectively, the "Theater"), (vi) Balboa Room and (vii) Maddy Room; and (b) all fixtures, supplies, and personal property, as identified and itemized in the plans and specifications of the Central Library expansion documents (collectively, the "Personal Property"), which now or hereafter is owned or held by Lessor and located in or about the Theater or attached thereto or used in conjunction with the operation thereof. The use of the rooms can be amended from time to time through a letter agreement, signed by all parties. SECTION 2. Nonexclusive Use It is acknowledged by the Parties that Lessor intends to enter into other tenancy arrangements, including, but not limited to, daily or periodic use permits or rental agreements with various business, professional, artistic, dance and other community groups and organizations. SECTION 3. Permitted Use The Premises are let on a nonexclusive basis for the purpose of religious services, Sunday school and related church activities and meetings. Lessee's use shall be Sundays 6:30 a.m. to 1:30 p.m. The permitted use time can be amended from time to time through an agreement signed by both parties. 1 12-3411/81857 Upon ten (10) days written notice to Lessor, Lessee may expand or extend its use to include additional services or other activities on dates on which the Premises are open and available. Such additional use will be conditioned upon payment by Lessee to Lessor of a reasonable use fee in an amount to be agreed upon by the Parties. SECTION 4. Term This Lease shall be for a term of three (3) years commencing at 12:01 a.m. on September 1, 2012 (the "Commencement Date") and ending at 11:59 p.m. on August 30, 2015, unless sooner terminated as herein provided. The term can be extended for one additional two (2) year term, if agreed to in writing by both parties. SECTION S. Gross Rent Lessee agrees to pay to Lessor as gross rent for the use and occupancy of the Premises the sum of one hundred seven thousand eight hundred eighty-six dollars and ninety-six cents ($107,886.96) per year, payable in twelve equal monthly installments of eight thousand nine hundred ninety dollars and fifty-eight cents ($8,990.58) each, on the first day of each month beginning on the Commencement Date ("Gross Rent"). In the event Lessee fails to pay, any monthly installment on or before the thirtieth day of the month in which that installment is due, Lessee shall pay to Lessor a penalty in the amount of ten percent. The percentage late fee rental rate constitutes a gross rent and includes an amount intended to compensate Lessor for utilities and other expenses relating to the operation of the Premises, including administrative and custodial expenses. Payment of these expenses shall be the obligation of the Lessor. Attachment 1 shows the room rates and areas leased. Amounts can be amended by mutual agreement by the parties. SECTION 6. Indemnification Lessee hereby agrees to protect, defend, indemnify and hold harmless Lessor, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with Lessee's (or Lessee's subcontractors, if any) negligent (or alleged negligent) use of the Premises or performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Lessor. Lessor shall be reimbursed by Lessee for all costs and attorney's fees incurred by Lessor in enforcing this obligation. Lessee will conduct all defense at its sole cost and expense and Lessor shall approve selection of Lessee's counsel, which approval shall not be unreasonably withheld. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by the Lessee. SECTION 7. hold Over Should Lessee hold over and continue in possession of the Premises after expiration of the Term of this Lease, or any extension thereof, Lessee's continued occupancy of said Premises shall be considered a month -to -month tenancy subject to all the terms and conditions of this Lease. 2 12-3411/81857 SECTION 8. Maintenance Lessor shall be responsible for all structural repairs to the Premises and shall keep the foundation, exterior and interior walls and the roof in good condition during the term of the Lease. Lessor shall repaint the Premises as required so as to keep the Premises in "first-class" condition. Lessor shall maintain and repair the Theater, Rooms and Personal Property; provided, however, that Lessee shall repair any damage caused by the activities of Lessee, its officers, agents, permittees, and invitees. It is specifically acknowledged by the Parties that Lessee shall not be responsible for any damage caused to the Premises or Personal Property by any person, group or entity, other than Lessee, to whom Lessor has leased, rented, or otherwise permitted to use, said Premises or Personal Property. Quarterly inspections by Lessee and Lessor of the facilities shall be conducted to ensure facility is maintained properly. SECTION 9. Security During the hours of Lessee's use of the Premises, security shall be provided by Lessor. The Parties agree that, in no event, shall food or drink be allowed inside the theater auditorium. SECTION 10. Damame or Destruction Lessee shall notify Lessor in writing immediately upon the occurrence of any damage to the Premises. If the Premises are only partially damaged, this Lease shall remain in effect and Lessor shall restore Premises to the condition existing on delivery of possession to Lessee as soon as possible. In the event that the partial damage to the Premises interferes with Lessee's ability to produce revenue through its use of the Premises, Lessee's rent shall be abated during the restoration period. In the event of substantial or total destruction of the Premises, Lessor and Lessee each shall have the option to terminate this Lease within thirty (30) days of such destruction, in which event this Lease shall cease and terminate as of the date of such notice and both Parties shall be released without further obligation. For the purposes of this Section 11, substantial destruction shall be deemed to be one- third (1/3) or more of the full replacement cost of the Premises as of the date of destruction. SECTION 11. Termination By Lessor Lessor may, upon three (3) days notice in writing to Lessee for rent and thirty (30) days notice in writing to Lessee for covenants, and utilizing due process of law, terminate this Lease without liability to Lessor in the event of failure by Lessee to comply with any of the terms or conditions or agreements hereof. When public necessity as determined by the City Administrator so requires, Lessor may temporarily take immediate possession of the Premises. Notwithstanding the foregoing paragraph, in the event of termination under this Section 12, Lessee shall be allowed fifteen (15) days after written notice within which to cure the failure or default which gave rise to such termination; provided, however, if the nature of Lessee's default for covenants is such that more than fifteen (15) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said fifteen (15) day period and thereafter diligently prosecutes such cure to completion. SECTION 12. Termination by Lessee Lessee may, upon three (3) days notice in writing to Lessor for breach or default by Lessor, terminate this Lease without liability to Lessee in the event of failure by Lessor to comply with any of the terms or conditions or agreements hereof. 3 12-3411/81857 Notwithstanding the foregoing paragraph, in the event of termination under this Section 13, Lessor shall be allowed fifteen (15) days after written notice within which to cure the failure or default which gave rise to such termination; provided, however, if the nature of Lessor's default for covenants is such that more than fifteen (15) days are reasonably required for its cure, then Lessor shall not be deemed to be in default if Lessor commences such cure within said fifteen (15) day period and thereafter diligently prosecutes such cure to completion. Lessee may terminate this Lease without cause by giving thirty (30) days prior written notice to Lessor. SECTION 13. Inspection By Lessor Lessee shall permit Lessor or Lessor's agents, representatives or employees to enter said Premises at all reasonable times for the purpose of inspecting said Premises to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect Lessor's interest in said Premises under this Lease or to perform Lessor's duties under this Lease. SECTION 14. Surrender of Premises On expiration or sooner termination of this Lease, and any extensions thereof, Lessee shall promptly surrender and deliver the Premises to Lessor. SECTION 15. Quiet Possession If Lessee pays the rent and complies with all other terms of this Lease, Lessee may occupy and enjoy quiet possession of the Premises for the full Lease term, and any extensions thereof, subject to the provisions of this Lease. SECTION 16. Si2nayze Lessee can provide temporary signage as approved by Library Director. SECTION 17. Lessee's Personal Property Lessor and Lessee hereby acknowledge and agree that Lessee may, from time to time, install Lessee's personal property, including, without limitation, sets, furnishings, scrims, lighting equipment and sound equipment. Such personal property shall remain the personal property of Lessee during the term of the Lease, and any extensions thereof and shall be removed by Lessee at the expiration, or any sooner termination, of the Lease. SECTION 18. Assijznment and Subleasing Provided that Lessee is not in default under the Lease, and after the Commencement Date, Lessee shall be permitted to assign and/or sublease all or any portion of the Lease or the Premises with the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed. SECTION 19. Warranty and Representation Lessor warrants and represents to Lessee that the building is constructed in a first-class manner and in full compliance with all governmental regulations, ordinances and laws existing at the time of construction. M 12-3411/81857 SECTION 20. Insurance A. Workers' Compensation and Employers' Liability Insurance Lessee acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Lessee covenants that it shall comply with such provisions prior to the commencement of this Lease. Lessee shall obtain and furnish to Lessor proof of workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Lessee shall require all sublessees and contractors to provide such workers' compensation and employers' liability insurance for all of the sublessees' and contractors' employees. Lessee shall furnish to Lessor a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Lessee shall similarly require all sublessees and contractors to waive subrogation. B. General Public Liability Insurance In addition to the workers' compensation and employers' liability insurance and Lessee's covenant to defend, hold harmless and indemnify Lessor, Lessee shall obtain and furnish to Lessor, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Lessee's use of the Premises. This policy shall indemnify Lessee, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Premises, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000.00) for the Premises. This policy shall name Lessor, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Lease shall be deemed excess coverage and that Lessee's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted.. C. Property Insurance Lessee shall provide before commencement of this Lease and shall obtain and furnish to Lessor, at Lessee's sole cost and expense, property and fire insurance with extended coverage endorsements thereon, by a company acceptable to Lessor authorized to conduct insurance business in California, in an amount insuring for the full insurable value of the Premises and all Improvements, Trade Fixtures, personal property whether or not owned or leased by Lessee, and all trade inventory in or on the Premises against damage or destruction by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming Lessee as the insured and shall not contain a coinsurance penalty provision. The policy shall also contain an endorsement naming Lessor as an Additional Insured. The policy shall contain a special endorsement that such proceeds shall be used to repair, rebuild or replace any such 5 12-3411/81857 Improvements, Trade Fixtures, personal property whether or not owned or leased by Lessee, and all trade inventory so damaged or destroyed; and if not so used, such proceeds (excluding any insurance proceeds for Trade Fixtures, personal property whether or not owned or leased by Lessee, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to Lessor. The policy shall also contain a special endorsement that if the Premises are so destroyed and either party elects to terminate the Lease, the entire amount of any insurance proceeds shall be paid to Lessor. The proceeds of any such insurance payable to Lessor may be used, in the sole discretion of Lessor, for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s) as Lessor sees fit. This policy shall also contain the following endorsements: (1) The insurer shall not cancel or reduce the insured's coverage without (30) days prior written notice to Lessor; (2) Lessor 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 Lessor prior to the execution of this Lease. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed shall be filed with Lessor. D. Increase in Amount of General Public Liability and Property Insurance Not more frequently than once every two (2) years, if, in the sole opinion of Lessor, the amount and/or scope of general public liability insurance and/or property insurance coverage above at that time is not adequate, Lessee shall increase the insurance coverage as reasonably required by Lessor. E. Certificates of Insurance: Additional Insured Endorsements Prior to commencement of this Lease, Lessee shall furnish to Lessor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Lease; these certificates shall: (1) provide the name and policy number of each carrier and policy; (2) shall state that the policy is currently in force; and (3) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of Lessor; however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium, which 10-day notice provision shall not apply to property insurance set forth above. Lessee shall maintain the foregoing insurance coverages in force during the entire term of the Lease or any renewals or extensions thereof or during any holdover period. 3 12-3411/81857 The requirement for carrying the foregoing insurance coverages shall not derogate from Lessee's defense, hold harmless and indemnification obligations as set forth in this Lease. Lessor or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. Lessee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. F. Insurance Hazards Lessee shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this Lease. Lessee shall, at its sole cost and expense, comply with all requirements of any insurance carrier providing any insurance policy for the Premises or required by this Lease necessary for the continued maintenance of these policies at reasonable rates. SECTION 21. Lessee as Nonprofit Organization Lessee has represented that it is a nonprofit organization. As such, Lessee shall, prior to the effective date of this Lease, provide Lessor with evidence of its nonprofit status. SECTION 22. Non -recyclable items prohibited. All foods and beverages shall be sold in recyclable paper or plastic containers. No pull - top cans or styrofoam containers are to be vended or dispensed from the Premises by Lessee. Lessor may from time to time review the items sold and containers or utensils used or dispensed by Lessee for purposes of monitoring compliance with this section. SECTION 23. Partial Invalidity If any of the provisions of this Lease should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Lease shall not be affected thereby. SECTION 24. Good Faith Whenever this Lease grants Lessor or Lessee the right to exercise discretion, establish rules and regulations or make allocations or other determinations, Lessor and Lessee shall act reasonably and in good faith, and subject to the next sentence, take no action which might result in the frustration of the reasonable expectations of the Lessee and Lessor concerning the benefits to be enjoyed under this Lease. In no event shall the preceding sentence prohibit or impair either parry's rights under the Lease in the event of a breach by the other party. SECTION 25. Entirety The foregoing, including any exhibits attached hereto and incorporated herein, sets forth the entire agreement between the parties. SECTION 26. Superseding of Prior Lease This Lease shall supersede and replace any existing lease agreements for the Premises currently or previously entered into by the Parties and all supplemental agreements, if any, entered into by the Parties regarding the leasing of the Premises. 7 12-3411/81857 SECTION 27. Nondiscrimination Lessee and its officers, agents, and employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person in the performance of this Lease or the use of the Premises. SECTION 28. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of California. SECTION 29. Notices All notices, demands and other communications required or permitted under the provisions of this Lease shall be in writing, unless otherwise specifically specified to the contrary, sent by personal delivery, by messenger, by telegram or by registered or certified first class mail, postage prepaid, return receipt requested, to the party or parties herein specified to receive such notices, demands or other communications at the following addresses, or at such addresses as the Parties shall from time to time designate in writing: LESSOR: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Attention: Director of Economic Development LESSEE: MARINERS CHURCH 5001 Newport Coast Drive Irvine, CA 92603 Attention: Chief Financial Officer 12-3411/81857 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by and through their authorized officers the day, month, and year first above written. MARINERS CHURCH, a California Nonprofit Corporation I: print name ITS: (circle one) Chairman/President/Vice President \0I 1: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVI ND APPROVED: i y Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of 9 12-3411/81857 California Mayor ROVED AS TO FORM: City Attorney�— INITIATED AND, APPROVED: 48�00 Director of Economic Development IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by and through their authorized officers the day, month, and year first above written. MARINERS CHURCH, a California Nonp ofit Corp By: i d tA,2 p nt name one) airmar Asst. Sedetary - REVIEWED AND APPROVED: City Manager 12-3411/81857 MY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor APPROVED AS TO FORM: Q5- City Attorney D�z -7t'L311�— '7.23./2- INITIATED AND APPROVED: Director of Economic Development Attachment 1 Rental Price/Rooms ROOM FEE WEEKLY Theater $125 per hour x 6.5 $812.50 B Room $44 per hour x 5 $220.00 Maddy Room $44 per hour x 5 $220.00 Balboa Room $44 per hour x 5 $220.00 C Room $66 per hour x 5 $330.00 D Room $66 per hour x 5 $330.00 E Room $44 per hour x 5 $220.00 City Sound Technician City Security (2) TOTAL Long Term Use discount $35 per hour x 3 $25 per hour x 14 ($705.75) $105.00 $350.00 - - --- _Monthly - $2,074.75 $8,990.58 B) Authorize the City Manager to execute all documents in furtherance of this Agreement. Approved 6-0-1 (Boardman absent) 9. Approve and authorize execution of Amendment #3 to the contract between the City and the Ferguson Group, LLC for professional services related to the acquisition of Federal funds for priority projects within the City and related legislative issues Recommended Action: A) Approve waiving Municipal Code Section 3.03.120, prohibiting the extension of an agreement beyond three years; and, B) Authorize the Mayor and City Clerk to execute "Amendment # 2 to Agreement between the City of Huntington Beach and the Ferguson Group, LLC' for a one year period with the option for a one year extension. Approved 6-0-1 (Boardman absent) 10. Approve and authorize execution of the First Extension to the License and Operation Agreement between the City and PPS Parking, Inc. for Parking Valet Services for the Main Promenade Parking Structure Recommended Action: A) Approve the "Extension No. 1 to License and Operation Agreement Between the City of Huntington Beach and PPS Parking, Inc. for Parking Valet Services" at the Main Promenade Parking Structure; and, B) Authorize the Mayor and City Clerk to execute the "Extension No. 1 to License and Operation Agreement Between the City of Huntington Beach and PPS Parking, Inc. for Parking Valet Services" and all other related documents. Approved 5-1-1 (Carchio no, Boardman absent) 11. Approve and authorize execution of a Lease Agreement between the City and Michael and Christine Bartusick, dba Park Bench Cafe, for the operation of a restaurant/food concession in Central Park Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Lease Agreement Between the City of Huntington Beach and Michael and Christine Bartusick, dba Park Bench Cafe" for a restaurant/food concession in Huntington Central Park. Approved 6-0-1 (Boardman absent) 012. Approve allocation of funds and authorize execution of a Lease Agreement between the City and Mariners Church for non exclusive use of the Public Library Theater and Rooms City Council / PFA Meeting August 6, 2012 Page 6 of 10 % /Recommended Action: j A) Approve and authorize the Mayor to execute a "Lease Agreement Between / the City of Huntington Beach and Mariners Church for Non Exclusive Use of the Public Library Theater" and rooms; and, r B) Allocate $23,660 to Library Administration/Facility Rentals & Maintenance / (account number 10050206.52000); and, C) Authorize the City Manager to sign all documents to implement this Lease. Approved as amended with the condition of approval that the Playhouse has the option to move matinees later in the day rather than requiring that there are no Sunday shows. Approved 6-0-1 (Boardman absent) 13. Adopt Resolution No. 2012-55 designating American Family Housing as the Community Housing Development Organization (CHDO); and, approve and authorize execution of an Agreement with American Family Housing for a Home Investment Partnership Program (HOME) Recommended Action: A) Adopt Resolution No. 2012-55 "A Resolution of the City Council Designating American Family Housing As The Community Housing Development Organization (CHDO) Under The United States Department of Housing and Urban Development (HUD) Home Investment Partnership Programs Act (HOME); and, B) Approve and authorize the Mayor and City Clerk to execute the "Community Housing Development Organization (CHDO) Agreement Home Investment Partnership Program (HOME)" with American Family Housing; and, C) Authorize the City Manager to sign all necessary documents for this project. Approved 6-0-1 (Boardman absent) 14. Approve and authorize execution of an Agreement for Acquisition and Escrow Instructions for the purchase of two (2) Encyclopedia Parcels in Central Park Recommended Action: A) Approve Agreement for Acquisition and Escrow Instructions and authorize the Mayor and City Clerk to sign; and, B) Authorize the appropriation of $39,000 from the Park Acquisition and Development Fund balance to the Park Acquisition and Development Land Purchase account 20945101.81000; and, C) Authorize the City Manager to execute any other related escrow documents. Approved 6-0-1 (Boardman absent) City Council / PFA Meeting August 6, 2012 Page 7 of 10 Ae0W a CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/26/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT KriSta Meissner NAME: PHOEFAX UVCN o t. (800) 995-7525 NC No: (800)995-7521 Church & Casualty Insurance Agency Inc Irvine Ave E-M3440 ADDRESS:krista@churchandcasualty.com PRODUCERCUS ID#Q0005704 INSURERS AFFORDING COVERAGE NAIC # Newport Beach CA 92660 INSURED INSURERA:Church Mutual Insurance Co 18767 INSURER B : INSURER C : MARINERS CHURCH INSURERD: 5001 NEWPORT COAST DR INSURER E : IRVINE CA 92603-0164 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1272673519 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I —XI OCCUR 0087063-02-216210 6/1/2010 6/1/2013 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 15,000 PERSONAL BADVINJURY $ 2,000,000 x GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 $ X POLICY PRO- LOC jFQT A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 X ANY AUTO ALL OWNED AUTOS 0087063-09-449742 6/l/2012 6/l/2013 BODILY INJURY (Per person) $ 15,000 BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS $ O FORME UMBRELLA LIAB OCCUR % EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE LJ, _.7+ *Ty-�' 1 H, C1t7 tJorney AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ { � A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE -- 0087063-07-363650 9/l/2011 9/l/2012 X WC STAT'U OTH- I ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Evidence of insurance for use of facilities located at: 7111 Talbert Ave, Huntington Beach, CA 92648. Certificate holder is named additional insured but only with respects to the premises leased to the Named Insured. lyaCA/l2Lei I=1GLei A91:1 yG10 A' • City of Huntington Beach 7111 Talbert Ave Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE K Meissner/KRISTA ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIFICFOR ACTIVITY PRIMARY Additional Insured Person(s) or Qrganization(s): Name: The City of Huntington Beach Address.7111 Talbert Ave Huntington Beach CA 92648 city State Zip Activity: Evidence of Insurance for use -of facilities located at: 7111 Talbert Ave, Huntington Beach., CA 92648. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named additional insured but only with respects to the premises leased to the Named Insured. Date(s): Can -going The General Liability Additional Provisions Form is amended to add the following: The Who is An Insured paragraph is amended to include as an insured the person(s) or organization(s) as shown above, but only with respect to "bodily injury," "property damage," "personal Injury," and "advertising injury " liability arising solely out of the operations of the Named Insured that are directly related to the activity shown above and only for the dates shown above. Subject to paragraph one above, the insurance provided by this endorsement is primary to any applicable insurance issued specifically to the person(s) or organization(s) identified above and no insurance of the person(s) or organization(s) listed above shall be called on to contribute to a loss, notwithstanding any provision to -the contrary in the.General Liability Coverage Form. The insurance afforded by this endorsement shall not be canceled except after 80 days prior written notice has been given to the insured organization listed above, ATTACHMENT #2 A-J MARINERS CHURCH March 23, 2012 Dear Mr. Shaw, Thank you for allowing us to present to you a proposal to use the Huntington Beach Central Library on Sundays. I am also sending this proposal to Fred Wilson. As you may know, we are a church that is connected to Mariners Church in Irvine. The reason we started Mariners Church Huntington Beach a couple of years ago was to have a church closer to the thousands of people who live in HB that have made Mariners their home and to better serve Huntington Beach. We want to be good neighbors in our city. We believe that in using the library for our Sunday gatherings that we can continue to impact Huntington Beach in a positive way. As you can see from the attached price sheet (prices from the room rental rates published by the library) we would be spending approximately $1,850 per week or $7,750 per month to rent the theatre and classrooms. We would be willing to negotiate a higher rate if necessary. In addition to this amount we would be willing to make a one-time donation of $25,000 to the library aquarium project or any other project you deem worthy. I'm sure there are many things to consider in making the decision for us to use the library so please let us know if we can answer any questions or help in any way. We are hoping that you can let us know in the next few weeks if this is a possibility for us. Sin Kevin Pike, Pastor (949) 769-8134 kpike@marinerschurch.org SWI Newport Coast Drive I Irvine CA 92603 949 854 7600 PH l 949 854 9263 rX marlaerschurc6.nrg . xs -301- Item 12. - 18 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk August 8, 2012 Mariners Church Attn: Chief Financial Officer 5001 Newport Coast Irvine, CA 92603 To Whom It May Concern: Enclosed for your records is a copy of the "Lease Agreement Between The City of Huntington Beach And Mariners Church for Nonexclusive Use Of The Public Library Theater." Sincerely, Joa .Flynn, CMC City Clerk JF:pe Enclosure G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand