HomeMy WebLinkAboutSearch & Rescue Explorer Post #563 - 2009-07-20 Council/Agency Meeting Held: 00
Deferred/Continued to:
�AApjvqq ❑ Conditionally Approved ❑ Denied ?!y Jerk' Signa re
Council Meeting Date: 7/20/2009 Department ID Number: ED 09-40
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY POUNCIL MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMIN TOR
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PREPARED BY: KENNETH W. SMALL, CHIEF O POLICE 6F .
STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT
SUBJECT: APPROVAL OF LEASE OF PROPERTY AT 18381 GOTHARD BY
SEARCH AND RESCUE EXPORER POST #563
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 ten-year lease agreement with
the Search & Rescue Explorer Post#563 for the use of property at 18381 Gothard Street.
Fundinq 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 Search & Rescue Explorer Post #563 for the use of
property at 18381 Gothard Street.
Alternative Action(s):
Recommend staff to renegotiate the lease or do not approve the Lease Agreement between
the City of Huntington Beach and Search & Rescue Explorer Post#563.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/20/2009 DEPARTMENT ID NUMBER: ED 09-40
Analysis:
The City of Huntington Beach has leased property located at 18381 Gothard Street to
Search & Rescue Explorer Post #563 ("Post") on a month-to-month basis since July, 1989.
The property holds a 1,800 square foot building containing meeting rooms, training areas
and administrative offices, as well as undeveloped space that currently houses storage
containers.
The City Attorney's Office has drafted a lease agreement for a ten (10) year period with a
provision for two five-year extension options. The rent will be one dollar ($1.00) per year
with basic utilities paid for by the City.
Huntington Beach Search and Rescue Explorer Post #563 is chartered by the Orange
County Council of the Boy Scouts of America Learning for Life program, and sponsored by
the Huntington Beach Police and Fire Departments. It is a co-ed youth program designed to
expose high school age men and women to careers in the emergency services field. It is
open to ages 15 to 18 for new members, with a maximum age of 19 for participation.
Due to their extensive training and experience, the members of Huntington Beach Search
and Rescue are available 24 hours a day for emergencies, disasters, and any other urgent
needs of the Police and Fire Department. The post also supports many civic activities such
as the Fourth of July Parade and Fireworks show and the Pacific Shoreline Marathon. They
have been used for "fire watch" after large scale fires, and have assisted the Police
Department for the search of evidence at major crime scenes. The unit also assisted with
DUI checkpoints, security assignments, Oak View Pride Day, Police Department Open
House, Public Works Department Open House, and many other city events. Members of
the Explorer Post are able to go on ride-alongs with both the Police and Fire Departments.
In 2008 the Explorer Post donated 5,140 hours in service to the community. The donated
hours include training, civic events, and call outs.
Approval of a new long-term lease will allow the Post the necessary stability to permit fund-
raising for a new classroom and storage building on the existing lease site.
Strategic Plan Goal: Maintain and Enhance Public Safety.
Environmental Status: Not applicable
Attachment(s):
. o - Left N6.
1. Lease Agreement between the City of Huntington Beach and Search &
Rescue Explorer Post #563 for the use of property at 18381 Gothard
Street.
2. Certificate of Insurance.
-2- 7/1/2009 5:55 PM
ATTACHMENT # 1
LEASE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
HUNTINGTON BEACH SEARCH AND RESCUE EXPLORER
POST 563 FOR SPACE AT THE CITY OF
HUNTINGTON BEACH POLICE HELIPORT SITE
THE CITY OF HUNTINGTON BEACH, hereinafter referred to as "City," hereby
leases to HUNTINGTON BEACH SEARCH AND RESCUE EXPLORER POST 563,
hereinafter referred to as "Lessee," (sometimes hereafter referred to collectively as the
"Parties") those certain premises known as the Police Heliport site, located at 18381
Gothard Street in the County of Orange, State of California, herein called "Premises" or
"Property." The Property contemplated by this Lease shall cover approximately 11,350
square feet, and shall include the site of the existing headquarters and classroom building
as well as the site of the proposed new building for vehicle and property storage, offices, a
classroom facility, and other ancillary uses described more particularly in Exhibit "A,"
attached hereto and incorporated herein by this reference, upon the following terms and
conditions:
ARTICLE 1. TERM OF LEASE
Section 1.01. Original Term. This Lease shall be for a term of ten (10) years,
commencing at /A:D/,m , on �GGLyn?O. Aoo9 , and ending at I' AbN/6tfT, on
•�LcLy/T/9 unless sooner terminated as herein provided. Should Lessee fully and
faithfully perform all the terms and conditions of this Lease for the full term specified in this
section, the term may thereafter be extended for two (2) additional five (5) year periods by
mutual written agreement of both parties.
City may upon at least sixty (60) days' notice in writing to Lessee, suspend or
terminate this lease agreement without liability to the City when public necessity so
/ requires. In addition the City may suspend or revoke operation immediately hereunder
09-2061/35254 1
temporarily in the event of public emergency, as may be reasonably determined by the
City Administrator. Such suspension will terminate when the public necessity no longer
exists.
Section 1.02. 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 the Premises shall be considered a month-to-month tenancy
subject to all the terms and conditions of this Lease.
ARTICLE 2. RENT
Section 2.01 Rental. Lessee agrees to pay to City as rent for the use during all
terms or term of this Lease, $1.00 per year with Lessee's option to pay the entire $10.00 at
the onset/execution of the agreement.
The rent specified in this section shall be paid by Lessee to City at P.O. Box 711,
2000 Main Street, Huntington Beach, CA 92648, or at such other place or places as City
may from time to time designate by written notice delivered to Lessee. A ten percent
(10%) late charge shall be added on the 10th day after any payment hereunder is due, but
unpaid.
ARTICLE 3. USE OF PREMISES
Section 3.01. Permitted Use. The Premises are let for the operation of a search
and rescue explorer post, including general office and classroom use, and other such uses
as may from time to time be approved in writing by City. City reserves the right to prohibit
the sale or rental of any item or article which is objectionable on the basis of public welfare
or beyond the scope of the merchandise necessary for proper service to the public.
09-2061/35254 2
Lessee's use of the Premises shall not be sole or exclusive, and the Premises may be
shared with the Police or Fire Departments with consent of Lessee.
Lessee shall have the right to alter the interior walls of said building, at Lessee's
sole expense, should such alterations be necessary, subject to the provisions of Section
5.02 herein.
Section 3.02. Subleasing 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 the Premises or any of the improvements that may now or hereafter be
constructed or installed on the Premises without the express written consent of the City, in
writing, first had and obtained which may be withheld by the City at its sole and absolute
discretion. Neither shall Lessee sublet the Premises or any part thereof or allow any other
person, other than Lessee's agents, servants, or employees, to occupy the Premises or
any part thereof without the prior written consent of the City which may be withheld at the
sole and absolute discretion of the City. A consent by the City to one assignment, one
subletting, or one occupation of the Premises by another person shall not be deemed to be
a consent to any subsequent assignment, subletting, or occupation of the Premises by
another person. Any encumbrance, assignment, transfer, or subletting without the prior
written consent of the City whether it be voluntary or involuntary, by operation of law or
otherwise, is void and shall, at the option of the City, terminate this Lease.
ARTICLE 4. TAXES AND UTILITIES
Section 4.01. Payment of Utility Charges. City shall pay, and hold Lessee and
the property of Lessee free and harmless from all charges for the furnishing of gas, water,
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electricity, telephone, and for the removal of garbage and rubbish from the Premises
during the term of this Lease, or any extensions thereof.
ARTICLE 5. MAINTENANCE, ALTERATIONS AND REPAIRS
Section 5.01. Maintenance by City. City shall maintain in good condition and
repair the exterior roof, and exterior walls of the Premises including heating/air conditioning
and plumbing.
Except as otherwise expressly provided in Section 5.02 of this Lease, Lessee shall,
at its own cost and expense, keep and maintain all portions of the Premises as well as all
improvements on the Premises and all facilities appurtenant to the Premises in good order
and repair and in as safe and clean a condition as they were when received by Lessee
from City, reasonable wear and tear excepted.
Section 5.02. Alterations and Liens. Lessee shall not make or permit any other
person to make any alterations to the Premises or to any improvement thereon or facility
appurtenant thereto without the written consent of City 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 the Premises at the
instance or request of Lessee. Furthermore, any and all alterations, additions,
improvements, and fixtures, except furniture and trade fixtures, made or placed in or on the
Premises by Lessee or any other person shall, on expiration or sooner termination of this
Lease, become the property of City and remain on the Premises; provided, however, that
City 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 the Premises.
09-2061/35254 4
As part of this Lease agreement, both parties acknowledge that a permanent
structure may be built on the "future building" site described in Exhibit A at the sole cost of
Lessee. Lessee shall obtain City's written consent prior to undertaking the construction of
said structure and comply with all Federal, State and City laws regarding construction.
Section 5.03. Inspection by City. Lessee shall permit City or City's agents,
representatives, or employees to enter the Premises at all reasonable times, with notice,
for the purpose of inspecting the 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 City's interest in the Premises under this Lease or to perform City's
duties under this Lease.
Section 5.04. Surrender of Premises. On expiration or sooner termination of this
Lease, or any extensions or renewals of this Lease, Lessee shall promptly surrender and
deliver the Premises to City in as good condition as they are now at the date of this Lease,
reasonable wear and tear and repairs herein required to be made by City excepted.
ARTICLE 6. INDEMNITY AND EXCULPATION INSURANCE
Section 6.01. Indemnification, Defense, Hold Harmless Lessee hereby agrees
to protect, defend, indemnify and hold harmless City, its officers, elected or appointed
officials, employees, agents, and volunteers from and against any and all, claims,
damages, losses, expenses, judgments, demands defense costs, and consequential
damage or liability of any kind or nature, however caused, including those resulting from
death or injury to Lessee's employees and damage to Lessee's property, arising directly or
indirectly out of the obligations or operations herein undertaken by Lessee, caused in
whole or in part by any negligent act or omission of the Lessee, any subcontractors,
09-2061/35254 5
anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, including but not limited to concurrent active or passive negligence,
except where caused by the active negligence, sole negligence, or willful misconduct of
the City. Lessee will conduct all defense at its sole cost and expense and City 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
a limitation upon the amount of indemnification to be provided by Lessee.
Section 6.02. Insurance. City will provide coverage for General Liability
Insurance, Workers Compensation Insurance and Property Insurance. A certificate
evidencing this insurance coverage is on file in City's Risk Management Division.
Section 6.03. 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 6.04. Determination of Replacement Value. The "full replacement
value" of the buildings and other improvements to be insured shall be determined, by the
company issuing the insurance policy at the time the policy is initially obtained. Not more
frequently than once each year, either Party shall have the right to notify the other Party
that it elects to have the replacement value redetermined by an insurance company. The
redetermination shall be made promptly and in accordance with the rules and practices of
the Board of Fire Underwriters, or a like board recognized and generally accepted by the
09-2061/35254 6
insurance company, and each Party shall be promptly notified of the results by the
company. The insurance policy shall be adjusted according to the redetermination.
Section 6.05. Waiver of Subrogation. The Parties release each other, and their
respective authorized representatives, from any claims for damage to any person or to the
Premises and to the fixtures, personal property, and alterations of either in or on the
Premises that are caused by or result from risks insured against under any insurance
policies carried by the Parties and in force at the time of any such damage.
Each Party shall cause each insurance policy obtained by it to provide that the
insurance company waives all rights of recovery by way of subrogation against either Party
in connection with any damage covered by any policy. Neither Party shall be liable to the
other for any damage caused by fire or any of the risks insured against under any
insurance policy required by this Lease. If any insurance policy cannot be obtained with a
waiver of subrogation, or is obtainable only by the payment of an additional premium
charge above that charged by insurance companies issuing policies without waiver of
subrogation, the Party undertaking to obtain the insurance shall notify the other Party of
this fact. The other Party shall have a period of 20 days after receiving the notice either to
place the insurance with a company that is reasonable satisfactory to the other Party and
that will carry the insurance with a waiver of subrogation, or to agree to pay the additional
premium if such a policy is obtainable at additional cost. If the insurance cannot be
obtained or the Party in whose favor a waiver or subrogation is desired refused to pay the
additional premium charged, the other Party is relieved of the obligation to obtain a waiver
of subrogation rights with respect to the particular insurance involved.
09-2061/35254 7
ARTICLE 7. SIGNS AND TRADE FIXTURES
Section 7.01. Installation and Removal of Trade Fixtures. Lessee shall have
the right, at any time and from time to time during the term of this Lease and any renewal
or extension of such term, at Lessee's sole cost and expense, to install and affix in, to, or
on the Premises, such items, herein called `trade fixture,' for use in Lessee's trade or
business as Lessee may, in its sole discretion, deem advisable subject to City ordinances
and permits and Section 7.03 below. Any and all such trade fixtures that can be removed
without structural damage to the Premises or any building or improvements on the
Premises shall, subject to Section 7.02 of this LEASE, remain the property of the Lessee
and may be removed by Lessee at any time prior to the expiration or sooner termination of
this Lease.
Section 7.02. Unremoved Trade Fixtures. Any trade fixtures described in this
Article that are not removed from the Premises by Lessee within thirty (30) days after the
expiration or sooner termination, regardless of cause, of the Lease shall be deemed
abandoned by Lessee and shall automatically become the property of City as owner of the
real property to which they are affixed and not simply because of the lien described in
Section 7.02 of this Lease
Section 7.03. Signs. Lessee shall not place and maintain, nor permit any other
person to place or maintain, in any exterior door, wall, or window of the Premises any sign,
awning, canopy, marquee, or other advertising without the express written consent and
approval of City. Furthermore, . Lessee shall not place any decoration, lettering, or
advertising matter on the glass of any interior or exterior shop window of the Premises
without approval and consent of City. Should City consent to any such sign, awning,
canopy, marquee, decoration, or advertising matter, Lessee shall maintain it at all times
09-2061/35254 8
during this Lease in good appearance and repair. On expiration or sooner termination of
this Lease, any of the items mentioned in this section not removed from the Premises by
Lessee on such expiration or termination of this Lease may, without damage or liability, be
destroyed by City. This Lease is expressly contingent upon approval of all signs by both
City and Lessee and the City of Huntington Beach.
ARTICLE 8. DESTRUCTION OF PREMISES.
Section 8.01. Partial Destruction. Should Premises or the building on the
Premises be partially destroyed by any cause not the fault of Lessee or any person in or
about the Premises with the consent, express or implied, of Lessee, this Lease shall
continue in full force and effect and City, at City's own cost and expense, shall promptly
commence and diligently continue to complete the work of repairing and restoring the
Premises to their prior condition providing such work can be accomplished under all
applicable governmental laws and regulations within one hundred eighty (180) working
days.
Section 8.02. Total Destruction. Should the Premises or the building on the
Premises be so far destroyed by any cause not the fault of Lessee or any person in or
about the Premises with the consent, express or implied, of Lessee that they cannot be
repaired or restored to their former condition within one hundred eighty (180) working
days, City may, at City's option:
A. Continue this Lease in full force and effect by repairing and restoring, at
City's own cost and expense, the Premises to their former condition; or
B. Terminate this Lease by giving Lessee written notice of such termination.
09-2061/35254 9
Section 8.03. Abatement of Rent. Should City elect under Section 8.02 of this
Lease or be required under Section 8.01 of this Lease to repair and restore the Premises
to their former condition following partial or full destruction of the Premises or the building
on the Premises:
A. City shall have full right to enter the Premises and take possession of so
much of the Premises, including the whole of the Premises, as may be
reasonably necessary to enable City promptly and efficiently to carry out the
work of repair and restoration; and
B. The percentage rent described in Section 2.01 of this Lease shall not be
abated for the time Lessee is prevented from using the whole of the
Premises.
Section 8.05. Total Condemnation. Should, during the term of this Lease or any
renewal or extension thereof, title and possession of all of the Premises be taken under the
power of eminent domain by any public or quasi-public agency or entity, this Lease shall
terminate as of 12:01a.m., of the date actual physical possession of the Premises is taken
by the agency or entity exercising the power of eminent domain and both City and Lessee
shall thereafter be released from all obligations, except those specified in Section 8.08 of
this Lease, under this Lease.
Section 8.06. Termination Option for Partial Condemnation. Should, during the
term of this Lease or any renewal or extension thereof, title and possession of only a
portion of the Premises be taken under the power of eminent domain by any public or
quasi-public agency or entity, Lessee may, at Lessee's option, terminate this Lease if more
than five percent (5%) of the ground area (or floor space) or more than ten percent (10%)
in value of the Premises is taken under the power of eminent domain. Lessee shall
09-2061/35254 10
exercise its option by giving written notice to City within thirty (30) days after actual
physical possession of the portion subject to the eminent domain is taken by the agency or
entity exercising the power. This Lease shall terminate as of 12:01a.m. of the date the
notice is deemed given to City.
Section 8.07. Partial Condemnation Without Termination. Should Lessee fail to
exercise the option described in Section 8.06 of this Lease or should the portion of the
Premises taken under the power of eminent domain be insufficient to give rise to the option
described in Section 8.06 of this Lease, then, in the event:
A. This Lease shall terminate as to the portion of the Premises taken by
eminent domain as of 12:01a.m. of the day, herein called the "date of taking,"
actual physical possession of that portion of the Premises is taken by the
agency or entity exercising the power of eminent domain.
B. City, at City's own cost and expense, will remodel/reconstruct the building
remaining on the portion of the Premises not taken by eminent domain into a
single efficient architectural unit as soon after the date of taking, or before, as
can be reasonably done; provided, however, that the percentage rent
specified in this Lease shall be abated or reduced during such remodeling
and reconstruction.
Section 8.08. Condemnation Award. Should, during the term of this Lease or
any renewal or extension thereof, title and possession of all or any portion of the Premises
be taken under the power of eminent domain by any public or quasi-public agency or
entity, the portion of the compensation or damages for the taking awarded to each of the
Parties to this Lease, City and Lessee, shall belong to and be the sole property of the
Party City or Lessee, to whom it is awarded. Lessee shall be entitled to that portion of the
09-2061/35254 11
compensation or damages awarded for the eminent domain taking that represents (1) the
reasonable value of Lessee's rights under this Lease for the unexpired term of this Lease;
(2) the cost or loss sustained by Lessee because of the removal of Lessee's merchandise,
trade fixtures, equipment, and furnishings from the portion of the Premises taken by
eminent domain; and (3) whatever other compensation and/or damages which may be
usual and customary to LESSEES under the circumstances.
Section 8.9. Relocation and Assistance. In the event this Lease is terminated for
any reason by City, Lessee shall not be entitled to any relocation rights (except City will
use reasonable efforts to relocate Lessee to a comparable site in the City, if said site
exists) or benefits and expressly waives such benefits and rights under City, State or
Federal Relocation Assistance Plans.
ARTICLE 9. DEFAULT, ASSIGNMENT,
AND TERMINATION OF MASTER LEASE
Section 9.01. Abandonment by Lessee. Should Lessee breach this Lease and
abandon the Premises prior to the natural expiration of the term of this Lease, City may:
A. Continue this Lease in effect by not terminating Lessee's right to possession
of the Premises, in which event City shall be entitled to enforce all its rights
and remedies under this Lease, including the right to recover the rent as it
becomes due under this Lease; or
B. Terminate this Lease and recover from Lessee any and all damages
provided by law.
Section 9.02. Default by Lessee. Should Lessee default in the performance of
any of the covenants, conditions, or agreements contained in this Lease, Lessee shall
have breached the Lease and City may, in addition to the remedy specified in the
09-2061/35254 12
subparagraph (b) of Section 9.01 of this Lease, re-enter and regain possession of the
Premises in the manner provided by the laws of unlawful detainer of the State of California
then in effect.
Section 9.03. Insolvency of Lessee. The insolvency of Lessee as evidenced by a
receiver being appointed to take possession of all or substantially all of the property of
Lessee, or the making of a general assignment for the benefit of creditors by Lessee, or
filing a petition in bankruptcy shall terminate this Lease and entitle City to re-enter and
regain possession of the Premises.
Section 9.04. Cumulative Remedies. The remedies given to City in this Article
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.
Section 9.05. Waiver of Breach. The waiver by City 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.
ARTICLE 10. MISCELLANEOUS
Section 10.02. Care of Premises. Lessee shall not obstruct, cause or permit any
obstruction surrounding the Premises or any part thereof in any manner whatsoever.
Lessee shall comply with all written notice served by City with regard to the care
and maintenance of the interior of the Premises. Any written notice hereunder shall
specify the work to be done, the estimated cost thereof, and the period of time deemed to
be reasonable necessary for completion of such work. Should Lessee fail to comply with
City's written notice within fifteen (15) days, or within a time deemed reasonably necessary
of the time specified therein, Lessee shall pay over to City the estimated cost of such work
09-2061/35254 13
as set forth in the notice. Upon receipt of such sum, City shall than proceed to cause the
required work to be performed. This section shall not apply to City maintenance
obligations described herein.
Section 10.03. Nora-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 10.04. Notices. Any written notice, given under the terms of this Lease,
shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to
the Party concerned, as follows:
City Lessee
City of Huntington Beach Huntington Beach Search and
Department of Economic Development Rescue Explorer Post 563
Attn: Attn:
2000 Main Street 18381 Gothard Street
Huntington Beach, CA 92648 Huntington Beach, CA 92648
Section 10.05. Waste or Nuisance. Lessee shall not commit or permit the
commission by others of any waste on the Premises; Lessee shall not maintain, commit or
permit the maintenance or commission of any nuisance as defined in Section 3479 of the
California Civil Code on the Premises, and Lessee shall not use or permit the use of the
Premises for any unlawful purpose.
Section 10.06. Compliance With Law. Lessee shall, at Lessee's own cost and
expense, comply with all statutes, ordinances, regulations, and requirements of all
governmental entities, federal, state, county and municipal, relating to Lessee's use and
occupancy of the Premises whether such statutes, ordinances, regulations, and
09-2061/35254 14
requirements be now in force or hereinafter enacted. The judgment of any court of
competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee
by any government entity, that Lessee has violated any such statute, ordinance,
regulation, or requirement shall be conclusive as between City and Lessee and shall be
ground for termination of this Lease by City.
Section 10.07. 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.
Section 10.08 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 materially impaired.
Section 10.09 Sole Agreement. This instrument constitutes the sole and only
agreement between City and Lessee respecting the Premises, the leasing of the Premises
to Lessee, or the Lease term herein specified, and correctly sets forth the obligations of
City and Lessee to each other as of its date. Any agreements or representations
respecting the Premises or their leasing by City to Lessee not expressly set forth in this
instrument are null and void.
09-2061/35254 15
In the event of Subleasing, this paragraph must be inserted in the contract, initialed
and dated by the sublessee.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by and through their authorized officers 2009_
Lessee
HUNTINGTON BEACH SEARCH AND CITY OF HUNTINGTON BEACH, a
RESCUE EXPLORER POST 563 municipal corporation of the State of
California
By—
Signature91 V
ayor
l umt-
Print Name
City Clerk zi
By INITIATED ND APPROVED:
Signature ,>
Print Name D ctor of E mic Development
REVIEW APPROVED: Chief of Police
APPROVED AS TO FORM:
t ministrator
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ATTACHMENT #2
ISSUE E(E DATE.; CERT'IF1��►TE �F-`INSU�4IVCE: , sil7�os
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Alliant Insurance Services, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
1301 Dove St., Ste.200 DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Newport Beach,CA 92660 POLICIES BELOW.
821-9283 Ext.1407(949)756-2713
License N®.OC36861 COMPANIES AFFORDING COVERAGE
License
INSURED SPECIAL LIABILITY INSURANCE PROGRAM(SLIP)MEMBER COMPANY
Huntington Beach Search and Rescue Explorers Post 563 LETTER A Allied World National Assurance Co.COMPANY
18381 Gothard Street LETTER B
Huntington Beach, CA 92648 COMPANY
LETTER C
COMPANY
LETTER D
COMPANY
LETTER E
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,EXCLUSION AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY
LTR DATE(MM/DD/YY) EXPIRATION LIMITS
DATE MM/DD/YY
q GENERAL LIABILITY C0101407/001 6/16/2009 9/29/2009 GENERAL AGGREGATE *N/A
X COMMERCIAL GENERAL PRODUCTS-COMP/OP
LIABILITY AGG $1,000,000
MADCLAE
O OCCUR PERSONAL&ADV.INJURY $1'D00,000
OWNER'S&CONTRACTOR'S EACH OCCURRENCEPRO $1,000,000
1000000
X $1,000 DED FIRE DAMAGE(Any one
fire) $1,000,000
MED.EXPENSE(Any one N/A
rson
q AUTOMOBILE UABIUTY C0101407/001 I 6/16/2009 9/29/2009
$1,000,000
ANY AUTO r Ty 7�Vtto4ey
ALL OWNED AUTOS A D AS r Oltiv BODILY INJURY
SCHEDULED AUTOS - �} (Per person)
X HIREDAUTOS l R C I BODILY INJURY
NON-OWNED AUTOS
X (Per accident)
GARAGE LIABILITY PROPERTY DAMAGE
$1,000 DED UNINSURED MOTORIST
EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
WORKER'S COMPENSATION EACH ACCIDENT
AND DISEASE-POLICY LIMIT
EMPLOYER'S LIABILITY DISEASE-EACH
q NON-PROFIT DIRECTORS C0101407/001 6/16/2009 9/29/2009 $1,000,000 PER OCCURRENCE AND ANNUAL
AND OFFICERS AGGREGATE, $1,000 DED
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS
Manuscript Municipal Coverage Form. Coverage information as per proposal. *There is no General Aggregate.
SUBJECT TO POLICY TERMS,CONDITIONS AND EXCLUSIONS.
"; C,ELLATION
'CAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
EVIDENCE OF COVERAGE 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES
*EXCEPT 10 DAYS F R NON-P YMENT
AUTHORIZED R SEN E
08 SUREvldence108 Evidence of Cover Pri.doc
Endorsement. No. 3
ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION
IT IS AGREED THAT THE FOLLOWING ARE ADDED AS ADDITIONAL INSURED(S)HEREUNDER BUT
ONLY AS RESPECTS LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,AND
FURTHER PROVIDED THAT THE INCLUSION OF SUCH ADDITIONAL INSURED SHALL NOT SERVE
TO INCREASE THE COMPANY'S LIMIT OF LIABILITY AS SPECIFIED IN THE DECLARATIONS OF THE
POLICY.
SCHEDULE
NAMED INSURED: THE HUNTINGTON BEACH SEARCH AND RESCUE EXPLORERS POST 563
18381 GOTHARD STREET
HUNTINGTON BEACH,CA 92648
NAME OF PERSON OR
ORGANIZATION/CERTIFICATE HOLDER: CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
THE CITY OF HUNTINGTON BEACH,ITS OFFICERS,EMPLOYEES AND AGENCIES SHALL BE NAMED ADDITIONAL INSURED
AS RESPECTS TO LIABILITY ARISING OUT OF THE LEASE OF A PORTION OF THE POLICE HELIPORT SITE LOCATED
NORTH OF ELLIS AVE AND WEST OF GOTHARD ST IN THE CITY OF HUNTINGTON BEACH AS AN OFFICE,CLASSROOM
TRAINING AND MEETING SITE.
PER CERTIFICATES OF INSURANCE APPROVED BY THE COMPANY,AND ON FILE WITH THE COMPANY
EFFECTIVE DATE OF THIS ENDORSEMENT: 06/16/09
ATTACHED TO AND FORMING APART OF POLICE'NO.: C010407/001
All other terms and conditions remain unchanged.
Insurer: ALLIED WORLD NATIONAL ASSURANCE
Special Liability Insurance Program(SLIP)
Effective September 29, 2008 to September 29, 2009
DATE ISSUED: 6/23/09
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approve Lease Agreement for Search and Rescue
Explorer Post# 563
COUNCIL MEETING DATE: July 20, 2009
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Ap licable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not A plicable
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 Attorne ) 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) Not Attached plicable
Staff Report (If applicable) NoAttached Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLAHATW FOR MWNO ATTACH6�liu EHTS
REVIEWED RETURNED FOR A DED
Administrative Staff ( )
Deputy City Administrator (Initial) ( )
City Administrator (Initial) ( ) )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below $p�aqe For City Oark,,s, Use •
!S W 177 AQ D E F
RCA Author: Krause, Ext. 1529
City of Huntington Beach
" 2000 Main Street • Huntington Beach, CA 92648
0
OFFICE OF THE CITY CLERK
a. JOAN L. FLYNN
CITY CLERK
July 21, 2009
Huntington Beach Search and Rescue Explorer Post 563
18381 Gothard Street
Huntington Beach, CA 92648
To Whom It May Concern:
Enclosed for your records a copy of the Lease Agreement.between the City of Huntington
Beach and the Huntington Beach Search and Rescue Explorer Post 563 for space at the
City of Huntington Beach Police Heliport site.
Sincerely,
4vW)
Jo L. Flynn, CMC
City Clerk
JF:pe
Enclosure
G:followup:agrmt(tr
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(Telephone:714-536-5227