Loading...
HomeMy WebLinkAboutPublic Cable Television Authority - PCTA - 2009-01-20 r Council/Agency Meeting Held:_ Deferred/Continued to: ')24,Approved ❑ Conditionally Approved ❑ Denied fit CI 's Sig tune Council Meeting Date: June 7, 2010 Department ID Number: ED 10-16 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Stanley Smalewitz, Director of Economic Development SUBJECT: Approve and authorize execution of Amendment No. 1 to the Lease Agreement between the City of Huntington Beach and the Public Cable Television Authority (PCTA) for the use of the HBTV-3 Facility located on the Lower Level of City Hall. Statement of Issue: The City Council is asked to approve Amendment No. 1 to the Lease Agreement with the Public Cable Television Authority for additional studio area and the use of the HBTV-3 facility. Financial Impact: Increase general fund account number 10000100.43165 by a minimum of $4,800 per calendar year depending on the Consumer Price Index increase. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Lease Agreement Between the City of Huntington Beach and the Public Cable Television Authority" for the use of the HBTV-3 facility located on the lower level of City Hall. Alternative Action(s): Recommend staff to renegotiate Amendment No. 1 or do not approve Amendment No. 1. -75- Item 3, - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/7/2010 DEPARTMENT ID NUMBER: ED 10-16 Analysis: The Public Cable Television Authority (PCTA) has established the HBTV-3 facility as the main office for video production for all of the cities which it represents as a joint powers agency (Huntington Beach, Fountain Valley, Stanton, and Westminster). Staffing functions which take place in the HBTV-3 facility include general video production activities, video field production, and general office management. In order to provide sufficient room for the services provided by PCTA, the current Lease Agreement with the City is being amended to lease studio space. The office portion of the facility will remain exclusively leased to the PCTA while the studio and control/equipment room will be leased non-exclusively (Attachment 1, Exhibit A). This non-exclusive portion of the lease will be managed by the City's Public Information Officer. The City Attorney's Office has prepared Amendment No. 1 to the Lease Agreement between the City and PCTA to lease this additional studio and control/equipment room space for an additional $400.00 per month, with annual increases according to the change in the Consumer Price Index (not less than 3% and not more than 5%). The current Agreement is in its first extension option of one (1) year and has two additional one (1) year extension options available. Environmental Status: NA Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): o Qesicrip ion 1. Amendment No. 1 to Lease Agreement Between the City of Huntington Beach and Public Cable Television Authority. Item 3® - Page 2 -76- ATTACHMENT # 1 AMENDMENT NO. I TO LEASE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PUBLIC CABLE TELEVISION AUTHORITY T-N- This Amendment No. 1 to Lease Agreement, entered into this 7 day of L—- , 2010, by and between the City of Huntington Beach, a municipal corporation (referred to as "City") and Public Cable Television Authority (referred to as "Authority"), is made with reference to the following: RECITALS A. On January 20, 2009, City and Authority entered into a Lease Agreement (referred to as "Agreement") for the lease of office space on the lower level of City Hall for Public Cable Television broadcast purposes only. B. Authority desires to lease additional studio space on the lower level of City Hall consisting of the entire studio area and equipment room. The office space will be leased exclusively to Authority,while the studio and equipment room will be non- exclusive, as shown on Exhibit A attached to the Amendment No. 1 and incorporated herein by reference. C. Authority desires to compensate City for the additional office space needed for Public Cable Television broadcast. D. City desires to lease additional studio space to Authority and to receive additional compensation from Authority. E. City and Authority have not entered into any prior amendments to the Agreement. 08-1787.002/45394 1 F. City and Authority mutually desire to amend Agreement, as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Authority will lease additional studio space on the lower level of City Hall. 2. Authority will pay additional.compensation to City in the amount of$400.00 per month for a total monthly payment of$822.30. The total monthly rent shall increase annually every July 1st as provided for in Agreement. 3. Except as expressly modified herein, all other provisions,terms and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 on the date.first written above. PUBLIC CABLE TELEVISION COMPANY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califprnia By Mayor Print Name Its: �j "� E?�2tPX' Ci . Jerk {,f j 1109 AND AP VED AS TO FORM: By: ity Att �rney �4vr- J;Iare S - t C) Print Name INITIATED A APPROVED: Its: 0EVler-u-tiye V"I-ecror � f Director of Economi evelopment REVI AND APPROVED: Cit Ad inistrator 08-1787.002/45394 2 v,u a p r i i _ Immmmmim■■■■mm■■■■■■■■� •` im■mel�eeeeeemmm■■■■■■■�; ' , ie■■■11mmi■■■m■m■■■■mm■i - - � �m■im■■■■■■■mmem■m■mm■i� rA. 1■■■■■mi■i■■immmmmmmmml ; - i ui�ii�Imliiiiii�i�■iiii ' - „ Imememm■em■m■■■■■■■■■■ �mmeee■memmmm�mm■emmmea t � �umm■m■m■mmm■m■mllrll�Ilmm :-,,__ lemmmimm■m■m■meeem■■me _ ,n■■m■■m■mmm■■■eie■■■i 1■m■■mmmmmm■eemem■Ilme�� 1 e ,ii■■■■■iimm■■■■m■■■■m1 .� �� _ ` ■eeime■■■eeeee■mee■■el . - ! im■em■■m■ieeeemeie■■■I ' l � ;■mm■■■mme■m■m■■eemmeml i■■mmm■mmi■■■■■■mm■■■I � i � a 1111111111111111111111111111_IIIIII111111111 I 1//1 1 1 + �A I/il 11 111 h Illllllltllllll s Illllllllllyl !1!1 IIFIIIIIl1�11! II1114 1�1111 ■■■ ' ,III ililili4 lli h� il�li�l ��i l4�y11.�l.tlyl� �I�I� ■■■ ,. �, 11/111 1111� =11 Ilil! 11 1/111111 PPI�IIII '1' 11111 ■m■ � �1 1/'1 1 1 1 f 1 ,1 1 1 1 1 1 ■e■ I I FF�FFF?'I IIIIIIIIII°F�,�FFFi mom 111/1111 11 I I I�11�11�M.111 � y4� ■m■ 11111 ■m■ r 4 { f 1 i 1 4 City of Huntington Beach .. g " 2000 Main Street e Huntington Beach, CA 92648 • OFFICE OF THE CITY CLERK a e r JOAN L. FLYNN CITY CLERIC June 15, 2010 Public Cable Television Authority Attn: Marc Jaffe, Executive Director 10200 Slater Avenue Fountain Valley, CA 92863 Dear Mr. Jaffe: Enclosed for your records is a copy of Amendment No. 1 to the Lease Agreement between the City of Huntington Beach and Public Cable Television Authority. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan o Waitakere, New Zealand (Telephone:714-536-5227► Council/Agency Meeting Held: ::7:2�.O � Deferred/Continued to: Appwved ❑ Conditionally Approved ❑ Denied C' erk' igna e _T Council Meeting Date: 1/20/2009 Department D Number: ED 09-01 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU I MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRA PREPARED BY: STANLEY SMALEWITZ, DIRECTOR O ECONOMIC DEVELOPMENT SUBJECT: APPROVAL OF LEASE OF HBTV-3 FACILITY SPACE Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Council is asked to approve a one-year lease agreement with the Public Cable Television Authority for the use of the HBTV- 3 studio on the lower level of City Hall. Funding Source: Not applicable. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the Lease Agreement between the City of Huntington Beach and the Public Cable Television Authority for the use of the HBTV-3 studio on the lower level of City Hall. Alternative Action(s): Recommend staff to renegotiate the lease or do not approve the Lease Agreement between the City of Huntington Beach and the Public Cable Television authority REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/20/2009 DEPARTMENT ID NUMBER: ED 09-01 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. The PCTA is greatly expanding its government access channel capabilities with the addition of equipment and staffing to augment the current video programming on Channel 3 for all member cities. The base-channel for all member cities will be HBTV-3, which is produced by the City of Huntington Beach. It is proposed that the main office for video production staffing be established at Huntington Beach due to the availability of existing production office and studio space as well as proximity to the master channel telecasting equipment currently located in the HBTV-3 facility. The City Attorney's Office has prepared a lease agreement between the City and the Public Cable Television Authority to lease 230 square feet of the HBTV-3 studio in the lower level of City Hall for a term of one (1) year commencing on January 21, 2009 through January 20, 2010 with three (3) options to extend for an additional year thereafter. The current lease rate is $410.00 per month and increases occur annually based on the Consumer Price Index (CPI) as stated in the lease agreement. Proposed PCTA staffing 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 will manage its own internal telephone, computer, and other telecommunications services without the need to use the City's communications and IT facilities. The Public Cable Television Authority has reviewed and approved the proposed lease agreement. -2- 1/7/2009 10:48 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 1/20/2009 DEPARTMENT ID NUMBER: ED 09-01 Strategic Plan Goal: F- 1 Provide additional revenue to the General Fund. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number No. Description 1. Lease Agreement between the City of Huntington Beach and the Public Cable Television Authority for the use of the HBTV-3 studio on the lower level of City Hall in the City of Huntington Beach. 2. Certificate of Insurance. 3. Declaration of Non-Employer Status -3- 1/2/2009 2:30 PM ATTACHMENT 1 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. 2. TERM This lease shall be for a term of one (1) year commencing on Nj-)(Q, AO, �_QD , and ending onl4o. IAO , AQ /d unless sooner terminated as herein provided. The term may be extended for three (3) one (1) year extensions after �,Q3 , alp, �/Q , by mutual.consent. 3 RENT LESSEE agrees to pay LESSOR as rent for the use and occupancy of the Leased Property the sum of Four Hundred and Ten Dollars ($410.00) 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 08-1787/28760 1 190, Huntington Beach, California, 92648 Attn: Real Property Manager, and shall increase annually every July lst starting on July 1, 2009, the monthly rate 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 08-1787/28760 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 attorney's 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 08-1787/28760 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 08-1787/28760 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. 08-1787/28760 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. 08-1787/28760 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 08-1787/28760 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. 08-1787128760 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. 08-1787/28760 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: Marc Jaffe, Executive Director 2000 Main Street 10200 Slater Avenue Huntington Beach, CA 92648 Fountain Valley, CA 92863 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. 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 08-1787/28760 10 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 AP-AP— / c-A- , 200? PUBLIC CABLE TELEVISION AUTHORITY CITY OF HUNTINGTON BEACH,a municipal corporation of the State of / California By: M c= - _ e9-t(yi1 f 5S+JC print name ITS: (circle one)Chairman/Presiden ice President ayor i /J AND By: 4� �i G ity Clerk print name ITS: (circle e Secretary/Chief Financial Officer/Asst. INITIATED AND APPROVED: Secretary- reasurer V1 Director of Economic Development REVIEWED PPROVED: City inistrator APPROVED AS TO FORM: Cit Attorney 08-1787/28760 1 1 ATTAC H M E N T #2 -1 S ity INSURANCE AND INDEMNIFICATION WAIVER Hm MODIFICATION REQUEST 1. Requested by: Kellee Fritzal/Economic Development NOV 0 6 2008 2. Date: November 6, 2008 E..',4,of H'Untfne'.);f I uc ci. 1 Attorr,ai,G 06ice 3. Name of contractor/permittee: Public Cable Television Authority 4. Description of work to be performed: New Lease for space in HBTV Studios 5. Value and length of contract: 1 year 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 At- 11erartment06ad Signature Date: i APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted: Approval from the City Administrator's Office is only required if Risk Management and a City Attorney' Office disagree. 1. pRok Management � ' Approved ❑ Denied Signature Date 2. City Attorney's Office pproved ❑ Deni jlL�• Sibna4ke Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date if approved; the'compieted 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 Insuranoe Waiver 11/5/2008 11:28:00 AM Attachment A: Waiverlmodification 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 11/51200811:28:00 AM suo ily INSURANCE AND INDEMNIFICATION WAIVER Huntin i Bm&m MODIFICATION REQUEST RECE9V F F, 1. Requested by: Stanley Smalewitz / Economic Development DEC 2 4 2008 2. Date: December 22, 2008 City of Huntington Beach City Attorney's Office 3. Name of contractor/permittee: Public Cable Television Authority 4. Description of work to be performed: New Lease for space at HBTV studios 5. Value and length of contract: 1 Year 6. Waiver/modification request: $500 property insurance deductible 7. Reason for request and why it should be granted: PCTA unable to comply with property insurance deductible requirements. 8. Identify the risks to the City in approving this waiver/modification: None zt=_� / .3 4 y Department Heacr ignature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Offic disagree. 1. F k Management Approved El Denied �- Signature Date 2. City Attorney's Office proved ❑ Denied IF signaiure' 0 Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services waiver—form-deductible (2) 12/22/2008 4:08:00 PM A Rt�M CERTIFICATE OF LIABILITY INSURANCE ioiisi2o PRODUCER (714)221-1800 FAX (714)221-4196 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown of California, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA License # OB02587 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 6989 Orange, CA 92863 INSURERS AFFORDING COVERAGE NAIC# INSURED Public Cable Television Authority wsURERA: Aden Eagle 10836 10200 Slater Avenue INSURER B: Fountain Valley, CA 92708 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CBP8428889 05/01/2008 05/01/2009 EACH OCCURRENCE $ 1,000,00( N MMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDP. $ 10000CLAIMS MADE aOCCUR MED EXP(Any one person) $ 5,00A COMMERCIAL &ADV INJURY $ ] 000 00 GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRa LOC AUTOMOBILE LIABILITY CBP8428889 05/01/2008 05/01/2009 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1,000,00 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A RM HIRED AUTOS R3-a � BODILY INJURY X NON-OWNEDAUTOS (Per accident) $ 3 A f PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY - AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC_ $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC TH- WORKERS COMPENSATION AND LIMIT OR ER EMPLOYERS'LIABILITY T R $ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$ OTHER CBP8428889 05/01/2008 05/01/2009 BPP:2,000;EDP Hardware:24,000; Property-Loc#2 A EDP Software:1,000 Ded: 500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ity of Huntington Beach to be included as additional insured/landlord as required by written ontract as respects general liability regarding the operations of the named insured at: 000 Main Street(Lower Level), Huntington Beach, CA 92648 dditional insured endorsement to follow from the carrier. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: Director of Economic Development BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2000 Main Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Mike Bush/PCOLEM ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Golden Eagle ENDORSEMENT '(PInsurance• Policy Number.CBP8428889 Prior Policy: Billing Type: DIRECT BILL Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured and Mailing Address: Agent: PUBLIC CABLE TELEVISION BROWNBBROWN OF CA-CALSURANCE AUTHORITY 500 N STATE COLLEGE BLVD#400 10200 SLATER AVENUE ORANGE CA 92868 FOUNTAIN VALLEY CA 92708 Agent Code: 4296336 Agent Phone:(714)-2214800 POLICY CHANGE ENDORSEMENT POLICY PERIOD:From: 05/01/2008 To: 0=112009 at 12:01 AM Standard Time at your mailing address shown above. DESCRIPTION OF CHANGE CHANGE EFFECTIVE DATE: 10128MOOS THE FOLLOWING ADDITIONAL INTEREST NOW APPLIES TO THE POLICY PER CG2011 (01196)ATTACHED: LOC#02 BLD#01 Original Annual Premium $ 887.00 New Annualized Premium $ 887.00 NO PREMIUM CHANGE $ 0.00 Countersigned: By Ak 04 ed Date Date Issued: 12/22/2008 17.60(10194) 05101/2008 8428W9 NN162238 2312 PgPMWW J21175 GCAFPPN 000M73 Page 3 forming a part of Policy Number. CBP 8428889 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: PUBLIC CABLE TELEVISION BROWN&BROWN OF CA-CALSURANCE AUTHORITY 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): 2000 MAIN STREET HUNTINGTON BEACH,CA 92 2. Name of Person or Organization(Additional Insured): CITY OF HUNTINGTON BEACH ITS AGENTS OFFICERS&EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH CA 92648- 3. Additional Premium: SEE PREMIUM SCHEDULE (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. CG 20 11 (01/9 6) CopyrWd,Insurance services Office,Inc..1994 0501=08 6428889 NN162MB 2312 PGDMO60D J21175 GCAFPPN 00005675 ¢89e 5 ATTACHMENT #3 I , S ity CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 I Huntin Declaration of Non-Employer Status In order to comply with the City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation Insurance. If you have no employees, this form must be signed and returned to: 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 employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. i Applicant/Company Name: fvikc C,Ghlt rel Address: D.Z00 ... la ef- ve ov�7`�:r, a�lr .z70,R Applicant's Signature: j Title: ,L_x-Ccat:yrc J61-ecto✓' Location Signed: un)Pa%n b1dA j Date Signed: jf ar�o� I Telephone Number: i I RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development SUBJECT: Approve Lease Agreement of HBTV-3 Space COUNCIL MEETING DATE: January 20, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED'' RET R ED FOR AR ED 11 Administrative Staff Deputy City Administrator Initial ) City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURNOF ITEM Only)'(Below Space For City Clerk's Use RCA Author: Machado, Ext. 1797 City of Huntington Beach ' 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK January 29, 2009 Public Cable Television Authority Attn: Marc Jaffe, Executive Director 10200 Slater Avenue Fountain Valley, CA 92863 Dear Mr. Jaffe: Enclosed for your records a copy of the Lease Agreement between the City of Huntington Beach and Public Cable Television Authority for the use of the HBTV-3 studio on the lower level of City Hall. Sincerely, Flynn, CMC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone:714-536-5227)