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HomeMy WebLinkAboutVIRAY & WESCOTT dba SURF CITY STORE - 2003-02-03 (3)Council/Agency Meeting Held: a - .3 - 6 3 Deferred/Continued to: Approved CI Conditionally Approved ❑ Denied City Clerk's Sig tune Council Meeting Date: February 3, 2003 Department ID Number: AS 02-44 U CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorOA/ �L PREPARED BY: CLAY MARTIN, Director of Administrative ServifCITY JIM B. ENGLE, Director of Community Services SUBJECT: APPROVE LICENSE AGREEMENT WITH SUTOREFOR THE USE OF THE "SURF CITY, HUNTINGTON BEACH" SERVICEMARK Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysts, Environmental Status, Attachments) Statement of Issue: Staff has negotiated a License Agreement with Tina J. Viray and Nelson Wescott dba The Surf City Store for the use of the "Surf City, Huntington Beach" servicemark. Funding Source: Not applicable. Recommended Action: Approve the proposed License Agreement with Tina J. Viray and Nelson Wescott dba The Surf City Store, for the use of the "Surf City, Huntington Beach" servicemark based on the terms and conditions presented herein, and authorize the Mayor and City Clerk to execute all documents related to this transaction. Alternative Action(s): Do not authorize the License Agreement with the Surf City Store for the use of the "Surf City, Huntington Beach" servicemark. Analysis:ln 1995, the City of Huntington Beach authorized a Management Agreement with Tina J. Viray and Nelson Wescott (Licensee), as general partners dba Surf City Store for retail management, merchandising and marketing services associated with the creation of a Surf City retail store on the Huntington Beach Pier. They are the only licensed facility to use the 'Surf City, Huntington Beach" servicemark in commercial operations, which was servicemarked as Registration No. 74/350/258. In order to protect the servicemark for future licensing revenue, the City must, under State law, continually use the servicemark in commercial operations. The Surf City Store allows the City to comply with this servicemark requirement. The initial term of the management Surf:ityRCA -- 1/22/2003 3:16 PM r e REQUEST FOR COUNCIL ACT10 MELTING DATE: February 3, 2003 DEPARTMENT ID NUMBER: AS 02-44 agreement expired December 31, 2000, and has been in effect on a month -to -month basis since that time. Instead of negotiating an amendment to the expired Management Agreement, staff has negotiated the terms of a License Agreement. Unlike a Management Agreement, the License Agreement is not limited to the management of one type of retail operation or one specific location, such as the interim location on the Huntington Beach Pier. Rather, the License Agreement sets forth the terms and conditions for the use of the "Surf City, Huntington Beach" servicemark, whether it is for retail or wholesale use. In addition, since the License Agreement is not limited to a specific location, the City has greater flexibility in the use of the servicemark in other venues or operations. The License Agreement is not an exclusive agreement with Licensee for the use of the servicemark; instead, the City reserves the right to use the servicemark for its own purposes. The License Agreement would commence on January 1, 2003, for a period of five years, and may be extended for two additional terms of five years each as provided for in the License Agreement. As compensation, Licensee would pay the City five percent of monthly gross revenues of all products sold through Licensee's operations, including wholesale and retail items. It is estimated that the License Agreement will generate approximately $6,000 in revenues in the first year. The Director of Administrative Services, the Director of Community Services, the Real Estate M:.r.ager and the City Attorney's Office recommend approval of this proposed License A(;,reement. Environmental Status: Not applicable. Attachment(s): RC!. Author: Bodek, 5445 D.Documents and Settings\bodekaWy DocumentslRCA Letters\SurrCityRCA.doc .2. 1/1312003 9:13 AM { i i OFFICE OF THE CITY CLERK CITY .OF HUNTINGTON BEACH P. O. Box 190/2000 Main Street_ Huntington Beach, CA 92648 (714) 536-5227 (714) 374-1557 FAX LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCEL/ REDEVELOPMENT AGENCY OF THE CITY OF HLiNTI GTON BEACH DATE: F j� it ary i; _ snnA TO: Tina J.Wray ATTENTION: Name DEPARTMENT: Street $unringran Aeacb C 9264R REGARDING: _ City, State, Zip See Attached Action Agenda Item R-4 Date of Approval 2/3/03 Enclosed For Your Records Is An Executed Copy Of T-he Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance x RCA Deed Other Cats] Name Department RCA Name Department —X RCA C. Mendoza Risk Management --:x Name Department RCA Name Department RCA hamh Department RCA X _x Agreement Insurance Bonds Agreement Insurance Bonds Agreement Insurance Bonds Agreement Insurance Other Agreement Insurance Other g:/followup/I@tters/coverltrRevA.doe • LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND VIRAY AND WESCOTT, DBA THE SURF CITY STORE FOR THE USE OF THE SERVICEMARK "SURF CITY, HUNTINGTON BEACH" THIS AGREEMENT is made and entered into this / day of 2003, by and between THE CITY OF HUNTINGTON BEAC , a munic' al corporation of the State of California, hereinafter referred to as "CITY", and VIRAY AND WESCOTT, DBA THE SURF CITY STORE, a California general partnership, hereinafter referred to as "LICENSEE". WHEREAS, CITY has servicemarked the use of "Surf City, Huntington Beach" Registration No., 74/350/258 (filing date January 21, 1993), and LICENSEE desires to use the servicemark on clothing, hats, and miscellaneous novelty items as specified in this agreement. NOW, THEREFORE, it is agreed by CITY and LICENSEE as follows: 1. USE OF THE SERVICEMARK The use of the servicemark by LICENSEE under this agreement is limited to the following goods, products or merchandise ("merchandise"): Clothing License Plate Frames Beverage Cups/Mugs Tote/Beach Bags Posters, Flags, Banners, Plaques Miscellaneous Wearables Headgear Key Chains Sports Bottles Seashells Artwork Miscellaneous Novelty Items The LICENSEE may request the use on other merchandise (that is, merchandise not listed above) from the CITY and the CITY may, as it deems appropriate and in its sole discretion, approve such use on other merchandise by an amendment to this agreement. This agreement is not an exclusive agreement for the use of the CITY'S trademark and CITY reserves all rights to use its servicemark for use on any merchandise not listed in this agreement, or to allow other persons and/or companies to use the servicemark on any merchandise not listed in this agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with LICENSEE in the performance of this Agreement. 3. TERM OF AGREEMENT The term of this agreement shall be for the five-year period commencing on January 1, 2003 and ending on December 31, 2007, provided, however, that either CITY or LICENSEE may terminate the agreement at any time without cause with ninety (90) days prior written notice to the other party. With the mutual desire of both CITY AND LICENSEE, this agreement may be extended beyond the initial term for an additional two separate terms of five (5) years each under the terms and conditions herein stated, beginning January 1, 2008. Each such five (5) year renewal shall be separate and contingent on the prior written approval and acceptance by CITY, with each such extension of the agreement to be confirmed in writing one hundred twenty (120) days prior to the termination of the then operative contract period. Either CITY or LICENSEE may at such time decline to accept a renewal of the agreement for any reason whatsoever and such declination shall render the renewal option null and void. The City Administrator, or his designee, is authorized to approve such extensions or renewals of the contract as contemplated in this section. 4. COMPENSATION On September 9, 1995, CITY, on the one hand, and THE SURF CITY STORE, a general partnership consisting of Tina Viray and Nelson Wescott, on the other hand, entered into a written agreement in which the latter, inter alia, agreed to operate the "Surf City Store" as defined therein (the "September 9, 1995 Agreement"). The September 9, 1995 Agreement expired by its own terms on December 31, 2000. LICENSEE is presently operating The Surf City Store from a temporary location on the Huntington Beach Pier pursuant to a separate facilities license agreement. A. LICENSEE shall make payment to CITY for 2002 annual profit sharing, as required by the September 9, 1995 Agreement for management of the Surf City Store, no later than April 15, 2003. Said payment shall constitute payment in full to CITY of any financial interest in the Surf City Store. B. Beginning January 1, 2003, and monthly thereafter, as compensation for the use of the servicemark under this agreement, LICENSEE shall pay to the CITY, and specifically to the CITY TREASURER, five percent (5 %) of the monthly gross revenues collected by LICENSEE on all merchandise bearing the servicemark sold by LICENSEE including wholesale and retail items. "Gross revenues" shall not include sales taxes, but shall include all sources of retail and wholesale sales. 2 C. If the payment required by Section 4.13 is not received by the City Treasurer within twenty (20) calendar days after the end of the month for which the payment is due, or the end of the next business day if the twentieth day falls on a weekend or holiday, LICENSEE shall pay the following late charge and penalty: (1) a late charge of ten percent (10%) shall be applied to any outstanding balance after any payment hereunder is due but unpaid; and (2) one and a half percent (1 '/2%) penalty per month shall be added for each month the payment is due but unpaid. With respect to any other payments required by LICENSEE, a one and a half (1 'h%) penalty per month shall be added for each month such payment hereunder is due but unpaid. 5. BOOKS AND RECORDS A. Commencing in February 2003 and each month thereafter during the term of this agreement (including any extension thereof), LICENSEE shall prepare, maintain and transmit to CITY a monthly statement of all wholesale and retail merchandise sold by it during the previous month. Each such monthly statement shall be submitted to CITY no later than twenty (20) days after the end of the previous calendar month. For example, LICENSEE'S first monthly statement shall be submitted to CITY no later than February 20, 2003, and shall cover LICENSEE'S sales during the month of January 2003. B. CITY shall have the right to inspect LICENSEE'S books and records stated and described in this section and to conduct a financial audit of such books and records at any reasonable time during normal business hours. C. LICENSEE shall at all times keep or cause to be kept, complete and accurate records and books of account showing the total amount of gross sales of any retail or wholesale merchandise covered by this agreement. D. LICENSEE agrees to maintain for a period of one (1) year following the close of each calendar month all records and books of account and all cash register tapes showing or in any way pertaining to the sale of retail or wholesale merchandise covered by this agreement. 6. USE OF CITY SEALS AND LOGOS City reserves the sole right to approve the use of protected City seals and all other protected City -provided or City -created logos or marks as it may deem appropriate, excluding license agreements previously entered into. 7. SALES TAX COLLECTION AND REPORTING LICENSEE shall be responsible for the collection of all sales taxes on the retail sales generated under this agreement. LICENSEE shall be responsible for preparing, reporting and remitting all required sales tax returns and sales taxes to the State of California. LICENSEE shall provide CITY with a copy of all sales tax returns as they are submitted to the State by LICENSEE. 8. INDEMNIFICATION, DEFENSE, HOLD HARMLESS LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers and employees against any and all liability, claims, lawsuits, judgments, costs and demands, however caused, including those resulting from death or injury to LICENSEE'S employees and damage to LICENSEE'S property, arising directly or indirectly out of the obligations or operations herein undertaken by LICENSEE, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its sole cost and expense. CITY shall be reimbursed by LICENSEE for all costs or attorney fees incurred by CITY in enforcing this obligation. 9. WORKERS' COMPENSATION LICENSEE shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of work to be performed by LICENSEE under this agreement. LICENSEE shall obtain and furnish to CITY evidence of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. 10. GENERAL LIABILITY INSURANCE LICENSEE shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify LICENSEE, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out or in connection with this 4 agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, agents and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this agreement shall be deemed excess coverage and that LICENSEE'S insurance shall be primary. 11. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the foregoing insurance coverages in force until the work under this agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by LICENSEE under this agreement. CITY or its representative at all times have the right to demand the original or a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all forms of insurance hereinabove required. 12. INDEPENDENT CONTRACTOR LICENSEE is, and shall be, acting at all times in the performance of this agreement as an independent contractor. LICENSEE shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for LICENSEE and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13. CITY EMPLOYEES AND OFFICIALS LICENSEE shall employ neither CITY official nor any regular CITY employee in the work performed pursuant to this agreement. No officer or employee of CITY shall have any financial interest in this agreement in violation of the applicable provisions of the California Government Code Section 1090 et seq. 5 14. NON -ASSIGNABILITY LICENSEE shall not sell, assign, transfer, convey or encumber this agreement. Any such sale, assignment, transfer, conveyance or encumbrance shall be deemed null and void as to CITY and shall be of no force and effect. 15. NOTICES Any notices or special instructions required to be given in writing under this agreement shall be given either by personal delivery to LICENSEE'S agent or to CITY'S Real Estate Services Manager as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: TO CITY: City of Huntington Beach Real Estate Services Manager 2000 Main Street Huntington Beach, CA 92648 16. IMMIGRATION TO LICENSEE: Tina J. Viray 19502 Ranch Lane, No. 103 Huntington Beach, CA 92648 LICENSEE shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 17. LEGAL SERVICES SUBCONTRACTING PHOHIBITED LICENSEE and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. LICENSEE understands that pursuant to Huntington Beach City Charter 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by LICENSEE for whatever reason. 18. PIER IMPROVEMENTS LICENSEE is aware of CITY'S intention to redevelop and rehabilitate the Huntington Beach Pier at some unidentified point in the future. LICENSEE agrees to cooperate with the CITY to relocate the Surf City Store to another location as required by the CITY in order to effectuate such Pier Improvements. 6 • • 19. JOINT AND SEVERAL LIABILITY OF GENERAL PARTNERS The parties acknowledge that LICENSEE is a California general partnership whose two general partners are Tina J. Viray and Nelson E. Wescott. Under California law, specifically Corporations Code § 16306(a), general partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed to by the claimant or provided by law. By executing this agreement as general partners, both Tina J. Viray and Nelson E. Wescott acknowledge that they are jointly and severally liable to CITY for all of LICENSEE'S obligations under this agreement. 20. ENTIRETY The foregoing sets forth the entire Agreement between the parties, and supersedes any prior agreements. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. LICENSEE: VIRAY AND WESCOTT, DBA SURF CITY STORE a general partnership By: Name: Tlnvm6yfi General Partner By Name: Nei on E. Wescott General Partner CITY: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of ATTEST: California By: MAYOR 4AN;�l 30a�4a-*�By: dkrOZ4 &Ord CITY CLERK i APPROVED AS TO FORM: w i Attorney t 5 `y (signatures continue on next page) REVIEWED"AND APPROVED: By: C2.cif City Admini rator 0 INITIATED AND APPROVED: INITIATED AND APPROVED: By: By: Dire or of Community Se ices Director of Ad is#rative Services i � •CERTIFICATE OF .LIABILITY INSURANC�q °' 6/63 PRODU R ISU Insurance Serv. of Irvine IRIS C@RTIP[CAT618169M AS A YAK OF INFORMAYM ONLY AND CONFERS NQ RIGlIT$ UPON THE CERITMTE al& ai Morton Ins. Brva., Ina. 3 Corporate park. &Mite . #260 HOLDER .M=CERYWICAMDOES NOT AMWD,EKMDCM ALTER THE COVERAGE AFFORDED BY THE POLE 9ELrCK 7[vvs.ne ra sza06-sla4 Phoaei949-474-9919 Fas3949-474-0157 pAGURB09 emptER ft Bartfawd Casualty Iris CXwWany Die. f C1ty Store Na u�sym& s�ti'&*1g'b=a0n LZ 9364e TMEVaUCOSOP64RO MMCSLATEDBU"NAVE8E5NM6Bl1EDTOTHE WWMWAftAW1WF0RWPOUGYPSWO#0CATMNOTMDWANDfMI<i ANY REOWREMENT. TOM OR CONWON OF AW COMTAACT CA OTHM CO(UMPff WRN=WWT TO WNICMI T"CBRTWrAT% MAY U ISKW OR My RETTfAetf, THE R1 MW"CE AfFORGF.O BY THE POE1dCi OMINS M l 4" td SUAIECT TO ALL THE TERMS. CMUttSOM AND CONWHM OF SUCH POL A6t;FM�QAT& LIMEMS SMOWN W1Y HAV$ BEEN REDUCED BY PAJD CL/1�. TYPE OF &SURAWN POLIMMUMM tuawmm ]► ae1ERALLuitM S 00WMWA4LGENM&LMfiLM cwMi MAW 0- °="" 72$h1LkS1a83 09/01/02 09/01/03 BACHOCCURRENCE 31,000,000 fMXPAMAGE ow? 3300,000 tMcoM� a i UO 000 PMO AL.AMMMW : i 000 000 OENEPALAGOWAATE a2,000■000 CAM AMMMATE LRCTAPPM POt PaucY P1°o- Loc PROOucTR-CDAIPASPAW 12,000,000 A AWOMOR" uABUff MM AWM AWOWMEOAU10S SCHEDULED AUTOS AUTO.9 a Mm1EOWM�pALffiD9 7288AL81883 09/01/02 09/01/03 EL taff 1,000,000 80 a PFMMIN Mum OARJ1Li£LfAGRITY ANY Ay7p A{,ITOONLY-EAAOC�F#T i oTNM�T�IAR 6A AOC AUibONLY A% i a OMDlSa W16MLMTY =W ❑ CLAWBMADE R6TpMT�gMt a �� AYPRO Sl E➢ L� GAIL ITUTTO�. 8-� : pePlltY p FORM: C Sty Ltt o :i �Y �*t*°'gin ne7 'V EA= 6Cl, SUMMM a Afl6REUTE S , t a WORMSERS CpEMgATIDN AMD tCaaorcxr M IR®Lifr /� L/102 /G 1 `/ rti : 61 EACH ACuTCK E.L.DKEASE-EAFMa $ GLOWSE-POLICYLOT a OTMMEO 0P OPIRATKM ADDED 8Y El MMElfT *Z=cpt 30-days notice of cauccllatian for non-payment of premium. Certificate !Colder is named additional insured per the attached fozm. 4T:KIi1'AiA1Ct1{AL.17tK ; AUOITIONALOLApQ:D:NIII�IL[.ITIEIC TiAP14�LL/aTWN1 Cii'YO1!$ CVeoU.o ANT ai THE AMCoue DEAD POlIGEB sa REF011E TMM$ M�PIRA DJ►TlTHEREOF, TMfi 1Si1AM4 R MMII.� IANF. +M �J O DAYS Y1Ag1"fSM CITY OF RMXNGTM DRAM NOUCe TO 7Fi! CERTIfMCA<TE HOLOEa RAVED Td THE LEFT. RISK way0ismum VIVISION rAng 2000 WA= 8T �v rATnrtA RuNwINGTCW sBACH CA 9264a n zvl ,.,/� STATE P.O. Bb*. RO 7, SAN MAWISCOXA 94j0 1-0007 COMPENSA11110tA I N S U Ft ^ WC43 FUND. 4:ER_­MC­ATE OF =MtERSI�TWNIWSURAKM LJ . POLICY NUMBER:NUMBER:14MI75 'O2 ISSUE DATE 04-01-02 TMCATE EMRES: 04-01-03 tXIS: ALL OPERATIONS C-1 TY OF 4010 1 k&ON BEACH RI-S&-MANAGEMENTk 2006'KA'i-N STREET HUNTINGTON BEACH. 0:': 92 k This is to certify that we have Issued a valid Workers' compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to cancellation by the Fund except upon 30days' advance written notice to the employer. We will also give you .3,0:dsyg` notice shoWd this policy be cwKxdlod prior to-fts.normal.expiration. This cei�lprte of owiraripe is np-t an ftisuF nce policy and does not anent& extindot- alter the coverage afforded by the pollidiesAlsfed hdre(K-Not oft,any. retlutremeni; tarm or cWMm of coffbvc1t­or_:othqr document _Ffi#atar, a=rsn"_:� M= with reio' Rd or rnvy��pd1rtd1%,-*;ft9 qqf,tti "ch this -`certificate of afforded; I CLud", and such policies. policies described ea herein is subject to q) 70 ItITIN OR corift" P PRESIDENT . EMPLDVEI!k%LIABILITY LIMIT INCLUDING DEFENSE COM: $1,.AW _,dDO.O0 PEWOCWRRENCE. ,ENDORSEMENT"40045. ENTIXM ADDITIONAL INSURED Eikl� EFFEGTIVE_04/qf/01 IS ATTACHED TO AND FORMS A PART-OF-IMIS PMXC1f.,5 14W OF ADDITIONAL IWAR f ENDORSEMENT 02065 ENTITLED CERTIFICAJEiMLDERS' NerVI-6 EFFECTIVE 04/01/021(t ATTACKED TO AND FORMS A PART OF THIS POLICif.i Dev, 0// �/ LEGAL NAME ....... EMPLOYER t SURF..' PO Box 899 --4 HUNT INGTON 81,11' CA 926 .,_WtSCQ! NELSON (F*TNER)AND _ VIRW TIKA;(PART-WER), POLICY NUMBER: 72SBALZI 883 COIMMPRCIAL GENERAL LIABILITY CO 2010 03 97 _NAMED INSURED: Surf City Store INSURANCE COMPANY: Hartford Casualty Ins Company POLICY EFF. DATE: 09/01/02 ENDORSEMENT EPP. DATE: Reissue 10/3/02 POLICY EXP. DATE: 09/01/03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 6 .. This endorsement modifies insurance provided under the follow! CO_MN ERCLAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, Its Agents, Officer and Employees Re: All operations of the named insured (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Ts An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only W itb respect to liability arising out of your ongoing operations performed for that insured. CG 20 LO 03 97 A,PEO}3 �S TO 11 Outs : ` •� tex��•,r By joliq Copyright, Insurance Services Office, Inc., 1996 Page I of 1 sn'14 AT:bT my.. nT 13n ZST0bZb6176:xe-i TNBiMNI NOD2i0N RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services/Community Services SUBJECT: License Agreement with Surf City Store for the use of the "Surf City, Huntington Beach" Servicemark COUNCIL MEETING DATE: i February 3, 2003 .RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by CWty Attome Not Applicable Certificates of Insurance (Approved by the Ci Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable)- Not Applicable Commission, Board or Committee Report If a licable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial p� City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author. Bodek. 5445