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HomeMy WebLinkAboutPCTA - Public Cable Television Authority - 2013-05-20 Office of the City Clerk 1 7% CITY of HUNTINGTON BEACH ---------- 11 P.O. Box 190 California 92648 M P W R 1� jk7 Public Cable Television Authority Attn-. Ma4*49fie, Executive Director 10200 Slater Avenue Fountain Valley, CA 92708 • 'd}"4°�- �'—.ram/ VI Dept. ID ED 13-10 Page 1 of 2 Meeting Date:5/20/2013 F CITY OF HUNTINGTON BEACH , ; . REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/20/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Assistant City Manager SUBJECT: Approve and authorize execution of a Lease Agreement between the City and Public Cable Television Authority (PCTA)for use of the HBTV-3 studio Statement of Issue: The City Council is asked to approve a three-year lease agreement with the Public Cable Television Authority for the use of the HBTV- 3 studio on the lower level of City Hall. Financial Impact: The Lease will generate $10,800 per year for the General Fund and will be adjusted annually according to the Consumer Price Index (CPI) at a minimum of 3% and a maximum of 5%. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the "Lease Agreement Between the City of Huntington Beach and Public Cable Television Authority," and; B) Authorize the City Manager to sign any documents necessary to effectuate this Agreement. Alternative Action(s): Do not approve Lease and direct staff accordingly. Analysis: The Public Cable Television Authority is a joint powers agency representing the Cities of Huntington Beach, Fountain Valley, Stanton, and Westminster with regard to video service provider, state franchise regulation, and government access channel management. Public Cable Television Authority has established the HBTV-3 facility (at City Hall) as the main office for video production for the cities. In 2009, the original lease agreement between the City and the Public Cable Television Authority included 230 square feet of the HBTV-3 studio in the lower level of City Hall. In July 2010, Lease Amendment No.1 increased the leased area from 230 square feet to 330 SF of exclusive area plus 1,125 SF non-exclusive area. The Amendment allowed for non- ' exclusive use of the City studios, equipment room, and ability to host live shows onsite. Item 6. - 1 HB -146- Dept.ID ED 13-10 Page 2 of 2 Meeting Date:5/20/2013 Public Cable Television Authority functions at the Huntington Beach facilities include general video production activities with the use of the existing television studio facilities, video field production, and general office management. The PCTA manages its own internal telephone, computer, and other telecommunications services without the need to use the City's communications and IT facilities. The proposed lease is for a three (3) year term, at $900.00 per month with annual CPI with adjustments of no less than 3% and not to exceed 5%. This is an increase from the current rent of $861.00. The Public Cable Television Authority has reviewed and approved the proposed lease agreement. Environmental Status: Not applicable Strategic Plan Goal: Enhance economic development Attachment(s): 1. "Lease Agreement Between the City of Huntington Beach and Public Cable Television Authority." HB -147- Item 6. - 2 LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC CABLE TELEVISION AUTHORITY THIS AGREEMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "LESSOR", and the PUBLIC CABLE TELEVISION AUTHORITY, hereinafter referred to as "LESSEE." WHEREAS, LESSEE desires to lease, for public television broadcasting purposes only, certain real property leased by LESSOR; and LESSOR desires to let the productive use of aforesaid certain real property to LESSEE, NOW, THEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties hereto do hereby agree as follows: 1. DESCRIPTION OF PROPERTY LESSOR hereby leases to LESSEE that certain real property, hereinafter referred to as "Leased Property," located in the lower level of City Hall, 2000 Main Street, Huntington Beach, California, as shown on Exhibit"A" attached to and incorporated herein by reference. 2. TERM This lease shall be for a term of three (3) years commencing on AAq o D 3 and ending on /�T D / , unless sooner terminated as herein provided. The term may be extended for two (2) one (1) year extensions after by mutual consent. 3 RENT LESSEE agrees to pay LESSOR as rent for the use and occupancy of the Leased Property the sum of Nine Hundred Dollars ($900.00) per month, to be paid one (1) month in advance. The rent specified in this section shall be paid by LESSEE to LESSOR, Post Office Box 12-3538/86347 1 190, Huntington Beach, California, 92648 Attn: City of Huntington Beach Finance Department, and said rent shall increase annually on the anniversary date hereof by the percentage increase in the Consumer Price Index (CPI) Los Angeles/Riverside/Orange County, All Urban Consumers, not to exceed 5% (five percent) annually. The annual increase shall not be less than 3% (three percent) annually irrespective of the CPI. 4. PERMITTED USE The Leased Property shall, during the term of this lease and any extensions thereof, be used for the purpose of a public television broadcasting facility. 5. FITNESS OF PROPERTY It is expressly understood by all parties to this lease that LESSEE takes the Leased Property as is, and that LESSOR makes no representation, covenant, warranty or promise that the Leased Property is fit for any particular use, including the use for which this lease was obtained. 6. TERMINATION This lease shall be subject to cancellation and termination by LESSOR or LESSEE at any time with or without cause by giving the other party notice, in writing, at least ninety(90) days prior to the date such termination shall become effective. 7. SERVICES AND UTILITIES LESSOR shall pay for electrical and utility services which are not separately metered to the Leased Property. LESSEE is aware that the Leased Property is supplied with a system of heating, ventilation and air conditioning, and LESSOR shall have the obligation to continue to supply the Leased Property with such system. 8. HOLD OVER Should LESSEE hold over and continue in possession of said Leased Property after expiration of the term of this lease, or any extension thereof, LESSEE'S continued occupancy of the 12-3538/86347 2 Leased Property shall be considered a month-to-month tenancy subject to all the terms and conditions of this lease. 9. LESSEE'S COVENANT OF INDEMNITY LESSEE hereby agrees to protect, defend, indemnify and hold harmless LESSOR, its officers, elected or appointed officials, employees and agents 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 performance of this Lease Agreement or its failure to comply with any of its obligations contained in this Lease Agreement by LESSEE, its officers, agents or employees except such loss or damage which was caused by the negligence or willful misconduct of LESSOR. LESSOR shall be reimbursed by LESSEE for all costs and attorneys fees incurred by LESSOR in enforcing this obligation. LESSEE will conduct all defense at its sole cost and expense and the LESSOR shall approve selection of LESSEE'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 LESSEE. 10. WORKERS' COMPENSATION 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 Agreement. LESSEE shall obtain and furnish to LESSOR workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. LESSEE shall furnish to LESSOR a certificate of waiver of subrogation under the terms of the workers' compensation and 12-3538/86347 3 employers' liability insurance and LESSEE shall similarly require all sublessees and contractors to waive subrogation. 11. 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 Leased Property. 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 Leased Property, 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 Leased Property. This policy shall name LESSOR, its officers, elected or appointed officials, employees and agents as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Lease Agreement shall be deemed excess coverage and that LESSEE's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 12. PROPERTY INSURANCE LESSEE shall provide before commencement of this lease agreement 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 all 12-3538/86347 4 Improvements, Trade Fixtures, personal property whether or not owned or leased by LESSEE, and all trade inventory in or on the Leased Property 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 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 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 Leased Property or for any such other purpose(s) as LESSOR sees fit. This policy shall also contain the following endorsements: (a) The insurer shall not cancel or reduce the insured's coverage without(30) days prior written notice to LESSOR; (b) 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 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 LESSOR. 12-3539/96347 5 13. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Lease Agreement, 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 Agreement; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) shall state that the policy is currently in force; and (c) shall promise to provide that such policies shall not be canceled or modified without thirty(30) days' prior written notice of 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 in Section 22 above. LESSEE shall maintain the foregoing insurance coverages in force during the entire term of the Lease Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from LESSEE's defense, hold harmless and indemnification obligations as set forth in this Lease Agreement. 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. 14. MAINTENANCE BY LESSEE LESSEE shall, at its own cost and expense, keep and maintain all portions of the Leased Property, including all improvements on the Leased Property and all facilities appurtenant to the Leased Property, in good order and repair and in as safe and clean a condition as they were when received by LESSEE from LESSOR, reasonable wear and tear also excepted. 12-3538/86347 6 15. ALTERATIONS AND LIENS LESSEE shall not make, or permit any other person to make, any alterations to Leased Property or to any improvement thereon or facility appurtenant thereto without the prior written consent of LESSEE first had and obtained. LESSEE shall keep the premises free and clear from any and all liens, claims and demands for work performed, materials furnished, or operations conducted on Leased Property at the instance or request of LESSEE. Furthermore, any and all alterations, additions, improvements and fixtures, made or placed in or on Leased Property by LESSEE or any other person shall on expiration, or sooner termination of this lease, become the property of LESSOR and remain on Leased Property; provided, however, that LESSOR shall have the option on expiration, or sooner termination of this lease, of requiring LESSEE, at LESSEE'S sole cost and expense, to remove any or all such alterations, additions, improvements, or fixtures from Leased Property. Any Leased Property improvements must be approved by LESSOR's Department of Building & Safety personnel. 16. SUB-LEASING OR ASSIGNING AS BREACH LESSEE shall not encumber, assign, or otherwise transfer this lease, any right or interest in this lease, or any right or interest in Leased Property or any of the improvements that may now or hereafter be constructed or installed on LEASE PROPERTY, without the express written consent of LESSOR first had and obtained. Neither shall LESSEE sublet Leased Property, or any part thereof, or allow any other person, other than LESSEE'S agents, servants, and employees to occupy Leased Property, or any part thereof, without the prior written consent of LESSEE. A consent by LESSOR to one assignment, one subletting, or one occupation of Leased Property by another person shall not be deemed to be a consent to any subsequent assignment, subletting, or occupation of Leased Property by another person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of LESSOR, whether it be voluntary or involuntary, by operation of law or 12-3538/86347 7 otherwise, is void and shall, at the option of LESSOR, terminate this lease. The consent of LESSOR to any encumbrance, assignment, including occupation or transfer hereof of LESSEE'S interest in this lease or the subletting by LESSEE of Leased Property or parts of Leased Property shall not be unreasonably withheld. LESSOR'S consent will be based on the financial ability of the proposed sub-lessee/assignee in relation to LESSEE'S financial ability, as well as the proposed party's moral character. LESSOR agrees to give or deny such consent in writing within thirty (30) days of notice by LESSEE. 17. RELEASE OF INDEMNITY No termination or cancellation hereof shall release LESSEE from any liability or obligation (whether of indemnity or otherwise) which may have attached or accrued previous to, or which may be accruing at the time of such termination or cancellation. 18. LESSEE'S COVENANT TO PEACEABLY SURRENDER PROPERTY Upon the termination of this lease by the expiration of the term thereof, or otherwise, LESSEE agrees to peaceably quit and surrender the Leased Property to LESSOR in good order and condition. Any and all property of whatsoever kind or character remaining upon the Leased Property upon the expiration or sooner termination of the lease shall thereupon be and become the personal property of LESSOR, but this shall not prevent LESSOR from requiring LESSEE to remove, at LESSEE'S expense, any and all personal property placed upon the Leased Property by LESSEE, which LESSOR may desire removed from the Leased Property. 19. CUMULATIVE REMEDIES The remedies given to LESSOR in this agreement shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this lease. 12-3538/86347 8 20. WAIVER OR BREACH The waiver by LESSOR of any breach by LESSEE of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by LESSEE either of the same or another provision of this lease. 21. FORCE MAJEURE—UNAVOIDABLE DELAYS Should the performance of any act required by this lease to be performed by either LESSOR or LESSEE be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act,the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however,that nothing contained in this section shall excuse the prompt payment of rent by LESSEE as required by this lease or the performance of any act rendered difficult solely because of the financial condition of the party, LESSOR or LESSEE, required to perform this act. 22. EMERGENCY CLOSING OR CLOSING TO EFFECT REPAIR/REMODELING THE PREMISES LESSOR may close the Leased Property without liability therefore at any time it deems necessary for the protection of life, limb, or property, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by LESSOR. 23. SURRENDER OF POSSESSION LESSEE understands and agrees that upon surrender of possession he will not be entitled to a moving cost payment or any other relocation payment under any State or Federal Relocation Assistance Program. 12-3538/86347 9 24. CONTINGENCY This agreement is contingent on the condition precedent that the LESSOR obtains title and possession of the property which is the subject of this lease. 25. NOTICE Any written notice, given under the terms of this agreement, shall be either delivered personally or mailed, postage prepaid, addressed to the party concerned, as follows: LESSOR: LESSEE: City of Huntington Beach Public Cable Television Authority Attn: Director of Economic Development Attn: Mark Jaffe, Executive Director 2000 Main Street 10200 Slater Avenue Huntington Beach, CA 92648 Fountain Valley, CA 92708 26. ENTIRE AGREEMENT LESSOR and LESSEE agree that this lease constitutes the entire agreement between the parties. 27. PARTIAL INVALIDITY Should any provision of this lease be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not impaired. 28. NON-RECYCLABLE ITEMS PROHIBITED All foods and beverages shall be offered or sold in recyclable paper or plastic containers. No pull-top cans or styrofoam containers are to be vended or dispensed from the Leased Property 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. 12-3538/86347 10 29. BINDING ON HEIRS AND SUCCESSORS This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, LESSOR and LESSEE, but nothing contained in this section shall be construed as a consent by LESSOR to any assignment of this lease or any interest therein by LESSOR except as provided in this lease. 30. CAPTIONS Captions of the sections of this agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction or meaning of the provisions of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by and through their authorized officers / ' 4y ,20a. PUBLIC CABLE TELEVISION UTHORITY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of w California By: a nauLnaine Mayor ITS: (circle on hairma resident/Vice President AND By: Ci v Clerk4W,,,0) ora G ED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secret -Treasurer Director of Economic Development REVIE D APPROVED: APPROVED AS TO FORM: MY Manager CitylAttorney 12-3 53 8/86347 11 r. - s P ~ice. "]/�������Yi�i-i '• YA-r.••..��e....,.v.-Z•...:.- f jjll �t■at■■■t■t■tt/tttl ■■■■■■■■■■■■t■!1 � � �' ii///ttt■tttt�■tt■t�L�t�1 /ttt/■ttt/e �� �'-`�- 1■■■tilCEttt■t■t■tttt■■■�t■t■t■■t■■Ib Ma no �tt■tt■■t■tt■■■tN/�/ ?�a■t■te Itt//tttt■tt■■■■■t■■■■!it//i//t//tl� : ■//■■ttt■■■/ttatt//■e�l■t■//ttt//t! 1■t■■ttt■■■■■■■!1■t■1£i■tt■■t■tttt■tl� ;�_ . It■■tt■■ttt■■tt■■/■i�t■■■ttttt/t■■■! y XNEMEMEMEMMEMEMNEwri ' at/t■■■■■t■t■t■/ttt�■t■t■■■■■■tt■■1 - - -- iiii lBtt■1t■t■■■■t■■i\■■R4Ht■■■t■■■t■t■■■1 �i 67tttttt■■/t■t■tt/tB ■//■■t/t■t■t■tl a 9■■ttt■///■■■tti/■frlL]■■//■//■■/■tttlUT 1 s _ - --_--_ � •------=z---- -- _= �=—sue- ;� ------------ _—_--_— --�rrj:ash ------------ �j� - -- --=====—=—s� p�--.,� —s— sue.:-r�x ,. - - • ------------ IMMENUMEMN . '••—..'��c -,. .SG ,-.ram ri. ,...- .- 4 a � - tip• 't ;1 sugiiy INSURANCE AND INDEMNIFICATION WAIVER Ht9ontin �Be2chm. MODIFICATION REQUEST 'Y 1. Requested by: Luis Gomez/Economic Development 2. Date: May 9, 2013 3. Name of contractor/permittee: Public Cable Television Authority 4. Description of work to be performed: New Renewal for space in HBTV Studios 5. Value and length of contract: 3 years/$900 per month 6. Waiver/modification request: See Attachment A 7. Reason for request and why it should be granted: See Attachment A 8. Identify the risks to the City in approving this waiver/modification: None Department Head Signature JDat& APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required fora request to be granted. Approval fro the City Administrator's Office is onlyrequired if Risk Management and t City Attorne 's Office disagree. 1. isk Management pproved ❑ Denied 1 Igna re D t `i J 2. City Attorney's Office ' proved ❑ Den' �• � / Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved this form is to be filed with the Risk Management Division of Human Resources HBTV Insurance Waiver May 201.3.doc 5/9/2013 4:16:00 PM Attachment A: Waiver/modification request, Reason for Request Section 9. Lessee's Covenant of Indemnity - Lessee is removing "volunteers" from language; PCTA will not have volunteers performing work - Lessee is removing "alleged negligent" and "solo" negligence. Section 10. Workers' Compensation -Lessee is removing requirement of sublessees and contractors to provide such workers compensation and employer's liability insurance for all of the sublessees' and contractors' employees. Lessee will not have sublesees and contractors will not have employees. Section 11. General Liability Insurance - Lessee is removing "volunteers" from language. PCTA will not have volunteers performing work. Section 12. Property Insurance - Insurance proceeds from Lessee, if Leased property is so destroyed, will not go to Lessor HBTV Insurance Waiver_May 2013.doc 5/9/2013 4:16:00 PM A 1:>� CERTIFICATE OF LIABILITY INSURANCE g p FDATE (lAM1Dt1N"" {� s/8/2013 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 endorsements). PRODUCER CONTACT - N �. Peggy Coleman► Brown & Brown Insurance Services of CA, Inc. PHONE (714)221_1800 F 014)221-4196 MM No Nor 2401 E. Katella Ave. E-MAIL ADORgsspcoleman@bbsoCal.COm Suite 550 INSURE S AFFORDING COVERAGE Niuc 0 Anaheim CA 92806 ttASURERA:Galden Eagle Insurance 10836 INSURED INSURER a Public Cable Television Authority INSURERC• 10200 Slater Avenue INSURER D r INSURER E Fountain Valley CA 92708 INSURERF• COVERAGES CERTIFICATE NUMBER:CL135309141 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 iAHICH 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. !TR TYPE OF INSURANCE POLICY EFF POLICY EXP POLICY NUMBER M I LIMITS GENERAL LIABILITY FACH OCCURRENCE S 1,000,000 X COMMERCtAL GENERAL LABMITY PREMISES fea gggMMMW S 100,000 A CtAMS-MADE I/ti f OCCUR 8P8428889 /2/2013 /1/2014 McDEXP(Arrialaparsonl S 5 000 PERSONA.s ADV INJURY S-- 1,000,000 000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER' y i:l.�' AS i L�� � PRODUCTS-COMPIOPAGG s 2,000,000 }C POLICY PECiRO LOC $ AUTOMOBILE LIABILITY rMr k� CAMBRED iNGM LIMIT j000 AANY AUTO IT:" ') N, 8001LYtNJURYIParparaor4 S W ALLOVPNEO SCHEDULED 86 5 /1/2013 /1/2014 AUTOS AUTOS BODILY INJURY(Peranideral $ X HIRED AUTOS X AUTOS ROPEgTY DAMAGE S Nonawrxld $ 1.000.000 UMBRELLA UAS OCCUR EACH OCCURRENCE S EXCESS UAB C1ATMS-MADE AGGREGATE S CEO I I RETENTIONS S WORKERS COMPENSATION VIC STATU• OTt1 AND EMPLOYERS'LIABILITY YIN ORYANY PROPRIErOWPARTNERIEXECUTIVE OFnCEPJMFM8ER EXCLUDED? NIA F.L.EACH ACCIDENT $ (Mandatory In NMI £.L DISEASE-FA EMPLOYE S Wdose**under RtPT10N OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Property-Loc #2 211P9426089 11/2013 /1/2014 Lanes Sea Below DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES(Attach ACORO 101.AddlBanat Romads Schaduto,It mom apace is roqutrod) RE: 2000 Main Street; Huntington Bach CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92 64 8 AUTHORIZED REPRESENTATIVE Mike Hush/ECOLEM ACORD 28(2010105) 01988-2010 ACORD CORPORATION. All rights reserved. INS025(2moospi The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS Business Personal Property limit: $2,296; Ded $500; Co-Ins 90%; Replacement Cost EDP Hardware Limit: $119,483; Ded: 1,000; EDP Software Limit: $1,000; Ded: 1,000 Co-Ins 90%; Actual Cash Value Inland Marine Scheduled Property $74,449; Ded: 1,000 City of Huntington Beach, its officers, elected or appointed officials, employees & agents are included as additional insured/landlord as required by written contract as respects general liability regarding the operations of the named insured per CG2011 (01/96) attached. Revised endt to be processed by the company. OFREMARK COPYRIGHT 2000, AM SERVICES INC. Forming a part of Policy Number: CBP 8428889 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: PUBLIC CABLE TELEVISION BROWN&BROWN INSURANCE SERVIC AUTHORITY ES OF CALIFORNIA INC Agent Code: 4295336 Agent Phone: (714)221.1800 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises(Part Leased to You): 10200 SLATER AVE FOUNTAIN VALLEY,CA 927 2. Name of Person or Organization(Additional Insured): CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR 2000 MAIN STREET HUNTINGTON BEACH CA 92648- 3. Additional Premium: SEE PREMIUM SCHEDULE 1. Designation of Premises(Part Leased to You): 2000 MAIN STREET HUNTINGTON BEACH, CA 92 2. Name of Person or Organization(Additional Insured): THE CITY OF HUNTINGTON BEACH ITS OFFICERS,ELECTED OR 2000 MAIN STREET HUNTINGTON BEACH CA 92648- 3. Additional Premium: SEE PREMIUM SCHEDULE CG 20 11 (0119 6) Copyright.Insurance Services Office.Inc..1994 INSURED COPY 05/0112013 8428889 NPC650P 1903 PODMO60D J08657 GCAFPPN OOWBS19 Page 67 (if no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership,maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any'occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations,new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. GG 20 11 (01/9 6) Copyright.insurance Services Office.Inc.,1994 INSURED COPY 05/0112013 842M9 NPCMP 1903 PGDM080D J08657 GCAFPPN 00008520 Page 66 f S 11y s CITY OF HUNTINGTON BEACH ►, 2000 Main Street, Huntington Beach, CA 92648 } Declaration of Non-Employer Status In order to comply with the City Council Resolution No. 6277, you are required i to provide proof of Workers' Compensation Insurance. if you have no, employees, this form must be signed and returned 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, l shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance.requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employees) or become subject to the provision of the laws requiring Workers' Compensation insurance. / i Applicant/Company Name: fuibr- 4 1 Te yr f;o�7 /fbdr' y Address: f d.2Dl� S.,1 ATr, lYy Applicant's Signature: -- Title: GC�ti'G u f r y i- 2tg-f0►�' Location Signed: -OWa (/d/rY Date Signed: Telephone Number: r l + r I/`</�.r^.�>^`r^�:�::,hJ`✓�V`.�\M+'�.hn/�^✓-✓VAN`;1�,^.hi�iv�.'W`v'�,.NV�``f�l�>'�'r/�,."�ltl�.('�f�hf�n./`�,�`.:+` '�i'✓'�/`.h!"u'vV City ® f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachea.gov v FF6 17 19a9,P�0` office of the City Clem Joan L. Flynn, City Clerk May 22, 2013 Public Cable Television Authority Attn: Mark Jaffe, Executive Director 10200 Slater Avenue Fountain Valley, CA 92708 Dear Mr. Jaffe: Enclosed for your records is a copy of the fully executed "Lease Agreement Between the City of Huntington Beach and Public Cable Television Authority." Sincerely, IVA ar Jrn L. Flynn, CMC City Clerk JF:pe Enclosure G:followup:agTmtltr Sister Cities: Anjo, Japan ® Waitakere,New Zealand