HomeMy WebLinkAboutVOLUNTEERS OF AMERICA OF LOS ANGELES - 1996-05-20..Y
Council/Agency Meeting Held:
Deferred/Continued to:
,
B�Ap ro ed ❑ Co dit' n Ily Approved ❑ Denied
Cit CI 's Si natu e
Council Meeting Date: May 19, 1997
Department ID Number: CS 97-030
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: MICHAEL UBERUAGA, City Administrator
PREPARED BY: RON HAGAN, Director, Community Service
SUBJECT: STATUS REPORT ON CHANGEOVER OF MANAGEMENT OF
YOUTH SHELTER TO VOLUNTEERS OF AMERICA
Statement of Issue, Funding Source, Recommended Action, Altemative Action(s), Analysis, Environmental Status, Attachrnent1s)
Statement of Issue: The report on the status of the changeover in management of the
Huntington Youth Shelter to the Volunteers of America (VOA) is now ready for Council
review.
Funding Source: NIA
Recommended Action: Receive and file the report from the Volunteers of America on the
status of the Youth Shelter in Huntington Central Park.
Alternative Action(sl: Give Volunteers of America other direction.
Analysis: On May 20, 1996, City Council approved an assignment of a lease agreement
between the Huntington Beach Youth Shelter, Inc. and Volunteers of America of Los Angeles.
The lease that was transferred was originally approved by Council on September 18, 1989,
for twenty years, with rent of $10 per year. The lease may be terminated by either party with
a written, thirty day notice. Lessee pays all utilities and insurance.
In staffs opinion, the changeover to VOA has been a very positive one. VOA has met its
obligations under the contract to manage the shelter.
Document3
E7— 1,3
05107197 4:26 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 19, 1997
DEPARTMENT ID NUMBER: CS 97-030
Since its inception, the mission of the facility has been to provide short-term shelter for
runaway and homeless youth. The goal of family reunification is the guiding force behind
the work that the staff of VOA is involved in. The original mission continues to be an
accurate description of the day-to-day efforts at the shelter.
Attached is a report from Karyl Winslow, the Director of the shelter for VOA.
Environmental Status: NIA
Attachment(si:
�- Report from VOA
Documents -2- 05/07/97 4:26 PM
AUTHOR:
i
ATTACHMENT #1
fHuntington Youth Shelter
a program of Volunteers ofAmerica
May 8, 1997
Honorable Ralph Bauer, Mayor
City Council Members
City of Huntington Beach
2404 Main Street
Huntington Beach, CA 92648
Dear Mayor Bauer and Council Members,
I have been advised by city staff that it is the desire of Council to review the lease
agreement which was entered into with Volunteers of America last year. You will recall
that the lease needed to be transferred from Huntington Youth Shelter Board of
Directors to Volunteers cf America as a result of a merger between the two groups.
There was some concern expressed regarding the lease transfer and Council
member Garafalo requested that at the end of the first year a report to the council be
provided in order to assess the outcome of the merger. I spoke with Councilman
Garafalo today in order to have him establish for me the questions he would like to have
answered. He stated that his concern centered around an "outside" group coming into
Huntington Beach to nun the Shelter and how that group would interact with the local
community. My analysis, therefore, will focus on Councilman Garafalo's concern.
When Volunteers of America agreed to assume the day to day operations and
management of the Huntington Youth Shelter, they were dear in what they would
provide and the anticipated outcomes. VOA brought financial expertise and stability to
the shelter. VOA agreed to abide by the original shelter mission and said they would
enhance the services that were being provided. In addition, they agreed to maintain a
local advisory committee while at the same time placing two of the advisory committee
members on the VOA Board of Directors.
In order to bring financial stability to the program, VOA needed to clear away any
impediments in the way of sound financial management. The HYS Board of Directors
had contracted with Orange County to provide AFDC beds for long term foster care.
This move had led to near financial ruin due to the stringent staffing requirements and
few county referrals. As a result of the HYS experience, VOA relinquished the AFDC
country contact. Not only did this stabilize the finances, 4 allowed VOA to live up to
another commitment they had made which was to restore the original shelter mission.
P.O. Box 709 - Huntington Beach, CA 92648 - (714) 847-5437 - Fax (714) 847-6788
Years earlier the community members supporting the concept of a youth shelter in
Huntington Beach presented an idea to the community and requested community
financial support based on the following mission statement:
The purpose of the Huntington Youth shelter is to
establish, maintain, and supervise a home facility
in the City of Huntington Beach, California. Minors
aged 111-17 who are separated from their homes
and families will receive temporary shelter,
including sleeping facilities, food and counseling
services. The ultimate aim of these counseling
services is to reunite runaway youth with their
parents. If that is not possible, they will be placed
with appropriate foster care organizations.
VOA stated at the time of the merger that they would continue to provide services to
runaway and homeless youth, youth in crisis and their families. Using the stated mission
as their target population, VOA submitted a funding request to the Federal government
under the Runaway and Homeless Youth Act. To our delight and as a first for HYS, we
received $85,00 per year for the next three years. The funding is based on
congressional intent to target "pre -system" kids and matches the original intent of the
shelter mission. Relinquishment of the AFDC contract allowed us to restore the original
mission and the bonus has been the procurement of federal funding for the next three
years thus realizing at least two of VOA's stated goals.
As an enhancement to the shelter services a variety of program additions have
been achieved. However, for purposes of this communication, I will only highlight a few.
The ethnic diversity of the population of Southern California can pose obstacles for
ma)amum effectiveness in a program such as ours because of the language barrier.
Therefore, we contracted with AT&T translation services and can now provide
translation services in 144 languages and dialects for crisis callers, clients, and families.
Safety is a factor at the shelter because of the location and the conflict which
surrounds our clients. Recognizing the need for precautionary measures, VOA spent
thousands of dollars to ensure the safety of staff and clients by installing security
equipment We now have an intercom system which allows the staff to screen visitors
without opening the shelter door to an unknown person. Video surveillance equipment
allows the staff to monitor cars entering the shelter parking area as well as visitors to the
front door. Ongoing video recording gives us the capability to pull a tape should it be
needed by the authorities.
Outreach was a goal of the shelter but not one they were able to realize with any
significance. When VOA took over operations, they conducted a vast needs
assessment. Some of you took part in our surveys and focus groups. The results were
significant in that they pointed to an overriding flaw in the program ... very few people
knew that the Huntington Youth Shelter existed. A mere 16% of your fellow citizens
even knew that Huntington Beach housed a shelter. And if they did know of us, they
were unclear about what we did. A concerted outreach effort has provided outstanding
results. For example, from January 1 to March 31, 1997, our outreach specialist was
involved in 185 outreach contacts in the community. Those contacts included police
departments, high schools, emergency rooms, churches, and other agencies. The calls
to our crisis line have been phenomenal in new contacts. During the last four months,
we have received 238 crisis calls. Many of these callers are seeking direction and do
not necessarily require or qualify for shelter care. Nonetheless, they are people being
assisted because the word is getting out that the Huntington Youth Shelter is the Family
Resource Center in this community.
We have identified a way outside of traditional means in which to further assist
families in crisis. Our entire staff has been trained in conflict resolution and negotiation
methods which has the ability to provide immediate solutions to the crisis which brings a
family to the attention of the shelter. By using mediation, our staff is able to assist the
family and youth in identifying their innate health and developing their problem solving
skills. This is a chance for value added service in that many families who do not need
residential services can count on the shelter as a Family Resource Center to provide
conflict resolution services. We look forward developing this new aspect of the program
more fully in the coming months.
Finally, the adjustment from the role of "Board of Directors" to an advisory
committee has presented all of us with challenges. But I feel that we have met the
challenge with grace and perseverance. Some of us may have a gained a few new
gray hairs in the process but we've also gained satisfaction in knowing that a formidable
task met with commitment by all parties can result in positive benefits to this community
for years to come. (Please note attached letters from Board members).
I respectfully request that you honor the lease agreement granted Huntington
Youth Shelter several years ago by allowing VOA to go forward with their lease as they
work together with this community.
Sincerely,
1A
J
Ka I Winslow, Program Director
Huntington Youth Shelter
Sol
May 8, 1997
•
Huntington Youth Shelter
a program of Volunteers ofAmerica
Honorable Ralph Bauer, Mayor
City Council Members
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor Bauer and City Council Members,
The purpose of this letter is to request your approval of the lease agreement
between the City of Huntington Beach and Volunteers of America. Under the
management of Volunteers of America, the shelter program has been restored to its
original mission of serving runaway and homeless youth ages 11-17.
In serving as the President of the shelter's Board of Governor's, I have observed
the structure and stability with which the program goals are being carried out. For those
of us who have been deeply involved in this project for a number of years, it is rewarding
to know our decision to merge with VOA was resulted in a good fit for the community.
Last year VOA was an unknown entity in Huntington Beach. This year VOA is known by
many of us as the agency which reclaimed this valuable community resource and gave it
renewed vitality.
Please join the Huntington Youth Shelter's Board of Governor's in a commitment
to area youth and families by granting VOA the lease agreement of which they are so
deserving.
Sincerely,
Patricia Guidotti, President
HYS Board of Governors
P.O. Box 709 • Huntington Beach, CA 92648 - (714) 847-5437 - Fax (714) 847-6788
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Huntington Youth Shelter
a program of Volunteers ofAmerica
May 8, 1997
Honorable Ralph Bauer, Mayor
City Council Members
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mayor Bauer and City Council Members,
Exactly one year ago the Huntington Youth Shelter Board of Directors and
Volunteers of America came before the Council seeking approval of a lease transfer for
the Huntington Youth Shelter located at 7291 Talbert Avenue. There was unanimous
consent to approve the lease. However, due to some concern about the merger
between VOA and HYS, a request was made to have the lease reviewed in one year so
that the relationship between the two parties could be reviewed.
As a member of the Huntington Youth Shelter Board of Governors and the
Volunteers of America Board of Directors, 1 am requesting your approval of this lease
transfer. The merger agreement stated that two HYS Board members would be
appointed to the VOA Board of Directors in order to provide local oversight of the
program. Fortunately, I was one of the HYS Board members who received the
appointment. In the last several months, I've had the opportunity to learn more about
VOA and am thoroughly impressed with what I see.
In addition, the HYS program is now a viable community service in Huntington
Beach. The goals that the HYS Board labored over for the last several years is now a
reality. Of course, there were uncertainties in turning the reins of this project over to
VOA. However, a year later it is rewarding to know that the decision we made then has
resulted in enormous benefits for youth and families in this community.
Please accept my thanks in advance for honoring the lease agreement and
giving VOA the authority to continue their work with us in Huntington Beach.
Sincerely,
Joan Lund, Board Member
Volunteers of America
Huntington Youth Shelter
P.O. Box 709 - Huntington Beach, CA 92648 - (714) 847-5437 - Fax (714) 847-6788
rej, f& CITY OF HUNTINGTON BEACH
`J 2004 MAIN STREETCAUFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
July 16, 1996
Volunteers of America of Los Angeles
3600 Wilshire Blvd., Suite 1500
Los Angeles, CA 90010
The City Council of the City of Huntington Beach at their regular meeting held
May 20, 1996 approved execution of the :assignment of Lease agreement Between the
Huntington Beach Youth Shelter, Inc. and Volunteers of America of Los Angeles.
Enclosed is a duly executed copy of the Assignment of Lease Agreement for your records.
Also enclosed is the Consent to Assignment by Landlord, City of Huntington Beach and
the acceptance of Assignment By assignee, Volunteers of America of Los Angeles.
Sincerely,
I
Connie Brockway
City CIerk
cc: County assessor - "Possessory Interest"
Attachments
cb:cc
96-002cc
Q
1TY OF HUNTINGTON BEACFT f- n�.' n '-rn
MEETING DATE: May 20, 1996
I— MdAr
DEPARTMENT ID NUMBER: 96-016
Council/Agency Meeting Held: 5).)O9
Deferred/Continued to:
rApEved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re
Council Meeting Date: May 20, 1996 Department ID Number: 96-016
-t.- �-' CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
na.e.a.0
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ
PREPARED BY: ROBERT J. FRANZ, Deputy City Admin
SUBJECT: Assignment of Lease Agreement Between the Huntington Be€
Youth Shelter, Inc. and Volunteers of America of Los Angeles
Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Huntington Beach Youth Shelter, Inc.desires to transfer its' lease
of 7291 Talbert Avenue, Huntington Beach, to Volunteers of America".of Los Angeles
Funding Source: Not applicable.
Recommended Action: Approve the attached Assignment of Lease and authorize the
Mayor and City Clerk to execute this document and direct that the required Certificate of
Insurance, approved as to form by the City Attorney, be provided to the City.
Alternative Action(sl: 1. Do not assign the lease.
2. Change the terms of the lease.
Analysis: The "Huntington Beach Youth Shelter", a California charitable non-profit public
benefit corporation was organized to establish, maintain and supervise a temporary home
facility for minors. The non-profit organization determined that the vacant "Brooks House",
located just east of the City's main library in Central Park, to be an ideal location for their
youth shelter. Now the project has grown to a point where it is desirable that the Huntington
Youth Shelter merge with " Volunteers of America". _ C\
RCASHLTR.DOC -2- 05/14/96 8:25 AM
9N#QUEST FOR COUNCIL ACTT
MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: 96-016
The Lease to be transferred was originally approved by Council on September 18, 1989 for
twenty (20) years, with rent of $10 per year. The lease may be terminated by either party by
a written thirty (30) day notice. Lessee pays all utilities and insurance.
The facility will be renamed: "Huntington Youth Shelter, a Program of Volunteers of
America".
Environmental Status: nla
Attachment(s):
1. Lease Agreement
2. Assignment of tease Agreement
RCASHLYR.DOC -3- 05/14/96 8:25 AM
CONSENT TO ASSIGNMENT BY LANDLORD,
CITY OF HUNTINGTON BEACH
In consideration of the above assumption and agreement on the part of
Volunteers of America of Los Angeles, the City of Huntington Beach hereby
consents to the above assignment by Huntington Youth Shelter, Inc., as tenant,
on September 18, 1989, covering the entire premises located at 7291 Talbert
Avenue, Huntington Beach, California, to Volunteers of America of Los Angeles.
Consent to this assignment is subject to all of the terms, covenants and
conditions contained in the lease, and shall not be deemed a consent to any --
future assignments of the lease.
IN WITNESS WHEREOF, the parties hereto have caused this
Acceptance and Consent to be executed by and through their authorized officers
on - Ma3r zo ,,..--- , 1996..
REVIE ED AND APPRO CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
%k1Z:7^jCalifornia
City Administra o
APPROVED AS TO FORM:�-�---
Mayor
n , City Attorney/ s-4'—j6 ATTEST.
OVED: 4
City Clerk
Deputy CiV Admini:
Administrative Servi
3
7/jn/VOALA/6/8/96
ASSIGNMENT OF HUNTINGTON YOUTH SHELTER LEASE
FROM HUNTINGTON YOUTH SHELTER, INC. TO
VOLUNTEERS OF AMERICA OF LOS ANGELES AND
CONSENT THERETO BY THE CITY OF HUNTINGTON BEACH
AS LESSOR
For a valuable consideration, receipt of which is hereby acknowledged,
Huntington Youth Shelter hereby sells, transfers, and assigns to Volunteers of
America of Los Angeles all of its right, title, and interest in and to the lease
executed between the City of Huntington Beach, as landlord, and Huntington
Youth Shelter, Inc., as tenant, on September 18, 1989, covering the entire
premises located at 7291 Talbert Avenue, Huntington Beach, California. A copy
of such lease is attached to this assignment agreement as Exhibit "A" and
incorporated herein by this reference.
DATED. to , 1996
HUNTI G N YOLATH HELTER, INC.
{Print Name} C_0)yx,, }mil —,
Its:
By:
Print Name)�� /YI S0
Its:
1
7/jn/VOALA/5/8/96
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ACCEPTANCE OF ASSIGNMENT BY ASSIGNEE,
VOLUNTEERS OF AMERICA OF LOS ANGELES
Volunteers of America of Los Angeles hereby accepts the above -
described assignment of the lease executed between the City of Huntington
Beach, as landlord, and Huntington Youth Shelter, Inc., as tenant, on
September 18, 1989, covering the entire premises located at 7291 Talbert
Avenue, Huntington Beach, California. Volunteers of America of Los Angeles
hereby assumes all obligations of Huntington Youth Shelter, Inc. under the lease
and covenants, and agrees to keep and perform all of the terms, covenants, and
agrees to keep and perform all of the terms, covenants and conditions of the
lease.
DATED: , 1996
VOLUNTEERS OF AMERICA OF
LOS ANGELES
By:2�
(�
(Print Name): 96 ?2444
Its:.e D"
By:
(Print Name) u r.�aeDs
Its: Uic`&U.; ai T'/,y'A&ZA. )
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7/j nNOALA/5/8/96
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ITY�OF; HUNTINGTON
2000 MAIN STREET
RISK MANAGEMENT DIVISION
(714) 536-5990
BEACH
CALIFORNIA 92648
In order to comply with CJ-.i;y Cloancil Resolution N'o. 6023, you a.Cc
required to provide this office with a workers' compensation
Certificate of Insurance. If you use no employees in the performance
of the work for -which this permit is issued, then you must sign this
form and return it at your earliest convenience to the Risk
Management office at 2.000 :Main Street, Huntinqton. Beach, California
92648. Attn: Julie FiLtery.
I certify that in the performance of the activity and/or work
for which this permit is issued. I shall -not employ any person
:in any manner so as to become subject to the. workers' compensation
laws of California.
APPLICANT'S
SIGNATURE:
DATE.
LOCHTION:
(City' in whir.
u' are signing this form)
NAME AND ADDRESS OF APPLICANT/Ii2SURED :
(please print)
51 9 4
A4:1l1:11.::INSURANCE DER
ISSUE DATE (M.MIOOIYYI _
=
11/15/89
.w..,.._ ..
_ TT �y(
r THIS$1NDER 15'A TEMPORARY INSURANCE CONTRACT,
SUBJECT TO THE ON IT OES�SHdWN ON THE REVERSE
-SIDE OF THIS FORM
NOV
PRODUCER
C� 1989
COMPANY BINDER NO.
Scottsdale 1778
EFFECTIv�IANAGEMENT
A /� r
AssoemmAG cw,- 6: Or
DATE TIME M��
PA Noce
Sowsk CA �
11/15/89 12:01 X Az.o A�r7fi
P��12=/15/89
NOON
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
COMPANY PER EXPIRING POLICY NO:
v
DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY (Including Localion)
. CODE rIQ SUB -CODE I , ,��{�
Building—Course of Construction
INSURED
7921 Talbert Avenue
Huntington Beach, California 92648
Buntington Youth Shelter Board
c/o Carole Kanade
17382 Alta Vista Circle
Huntington Beach, California 92647
i
COVERAGES_..,tilrre�� •,W�a:.: 3i=G(`Ip'.4A1YtsalY -.Gv�t rs t- e,r.: ���«Itc' ..•�rix �i�v..sl�:..a.lr AFrLj ABkLIT,Yj IM!TS IN THOUSANDS
TYPE OF INSURANCE COVERAGEIFORMS AMOUNT DEDUCTIBLE COINSuR.
PROPERTY CAUSES OF LOSS
BAS'C BROAD. X. SPEC, Replace lit Cost
$400,000 $500 100%
GENERAL LIABILITY -
[ GENERAL AGGREGATE S 1l000
COMMERCIAL GENERAL LIABILITY
....
PROD. _` COMP/OPS AGGREGATE $
CLAIMS MADE OCCUR
PERSONAL 6ADVTSNG.INJURY S
X OWNER'S PROT.
EACH OCCURRENCE S11000
FIRE DAMAGE {Any ono tire) S
PETRO DATE FOR CLAIMS MADE:
MED. EXPENSE (Any one person) S
AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL S '
-
LIABILITY
BI PERSIACCID S
NONIOWNED
PO S
HIRED
MED. PAY S
. - GARAGE
PIP S
[
UM i
AUTO PHYSICAL DAMAGE ALL VEHICLES _ - SCHEDULED VEHICLES ACV
COLLISION DED.
STATED AMOUNT S
OTC D< D:
OTHER
EXCESS LIABILITY
EACH AGGREGATE SELF -INSURED
--
OCCURRENCE RETENTION
UMBRELLA FORM
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE:
STATUTORY
WORKER'S COMPENSATION
S (EACH ACCIDENT)
AND
EMPLOYER'S LIABILITY
S (DISEASE -POLICY LIMIT)
S (DISEASE -EACH EMPLOYEE)
' SPECIAL CONDITIONSIRESTRICTIONSIOTHER COVERAGES
#i
1
f
'NAME & ADDRESS
iCity Uf Huntington Beach MORTGAGEE x ADDITIONAL INSURED
is officers, ar.d emoloyee5 LOSS PAYEE
i 2000 Main Street LOAN"
Huntington Beach, California 92648
AUT RIZE R P ESEN TIV
ILI
ACORD 75-S (2188)- = _ ® ACORD CORPORATION 19881
LEASEN HE -CITY OF
HtUNT�GaON hEACH_, AND HUNTIN=N YQUTH_SHELTER
FOR -THE k-QPE19= LOCATED AT 7 2 91 TALBERT AVENUE
THIS AGREEMENT is made and entered into on.the 18th day
of September 1989, by and. between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "LESSOR", and HUNTINGTON YOUTH
SHELTER, a California nonprofit corporation, hereinafter
referred to as "LESSEE."
WHEREAS, LESSEE desires to hire, for temporary home
facilities for minors only, certain real property owned by
LESSOR, and
LESSOR desires to let the productive use of aforesaid
certain real property to LESSEE, and
LESSEE desires to rent the productive use of aforesaid
certain real property from LESSOR,
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:
Section 1. DESCRIPTION OF PROPERTY
LESSOR hereby leases to LESSEE that certain real
property, hereinafter referred to as."LEASED PROPERTY,"
described as being located at 7291 Talbert Avenue, and legally
described in Exhibit "A" attached.
Section 2. TERM
This lease shall be for a term of twenty (20) years
1990
commencing at 12 : 01 a .m. on Mr h 21__ _ 1 WO, and ending
•
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at 12:01 a.m. on
as herein provided.
March 20
Section 3. RENT
2010
7900, unless sooner terminated
A. LESSEE agrees to pay -LESSOR as rent for the use and
occupancy of the LEASED PROPERTY the sum of Ten Dollars ($10.00)
per year, or any portion thereof, to be paid twelve (12) months
in advance. The rent specified in this section shall be paid by
LESSEE to LESSOR, Post Office Box 190, Huntington Beach,
California, 92648 Attn: Real Property Manager.
B. LESSOR and LESSEE will negotiate the rent of each and
every one year extention to this Agreement.
Section 4. PERMITTED USE
The LEASED PROPERTY shall, during the term of this lease
and any extentions thereof, be used for the purpose of a
temporary home facility for minors.
Section 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.
Section 6. TERMINATIQN
This lease shall be subject to cancellation and
termination by LESSOR or LESSEE or at any time by giving the
other party notice, in writing, at least thirty (30) days prior
to the next date when such termination shall -become effective.
Lessee shall make substantial initial improvements to the
property and these improvements shall be subject t., Section 13
- 2 -
of this agreement. The cost of such initial improvements shall
be subject to approval by the lessor and shall be amortized over
a twenty year period.
If the lease is terminated by the lessor pursuant to this
provision prior to the lessee being in possession for a period
of twenty (20) years, the lessor shall pay t'o the lessee that
prorata share of the initial improvement cost which has not been
amortized. As an example, if the lessor terminated the lease in
ten years and the initial improvement cost was One Hundred
Thousand ($100,000) Dollars, lessor would pay lessee Fifty
Thousand ($50,000) Dollars.
Section 7. SERVICES AND UTILITIES
LESSEE shall pay for electrical and utility services
which are separately metered to the LEASED PROPERTY. LESSEE
shall arrange for and pay for its own janitorial services.
LESSEE is aware that the LEASED PROPERTY is not supplied with a
system of heating, ventilation and air conditioning, and LESSOR
shall have no obligation to supply the LEASED PROPERTY with such
system. Any existing services are to be maintained at LESSEE's
expense (See Section 12).
Section 8. NQLD 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
LEASED PROPERTY shall be considered a month -to -month tenancy
subject to all the terms and conditions of this°lease.-
- 3 --
Section 9. E V N N F DEMN TY
LESSEE shall indemnify and save and hold harmless LESSOR,
its officers and employees, from any and all liability,
including any claim of liability and any and all losses or costs
arising out of the negligent performance of this agreement by
LESSEE, its officers or employees, or from any willful
misconduct of LESSEE, its officers or employees during the term
of this lease.
Section 10. WORKERS' COMPENSATION
LESSEE shall comply with all of the provisions of the
workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 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 LESSOR 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 LESSOR,
for or on account of any liability under any of said acts which
may be incurred by reason of any work to be performed by LESSEE
under this Agreement. LESSEE shall obtain and furnish evidence
to LESSOR of maintenance of statutory workers' compensation
insurance and employers' liability in an amount of not less than
$500,000 bodily injury by accident, each accident, $500,000
bodily injury by disease, each employee, and $1,000,000 bodily
injury by disease, policy limit.
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Section 11. INSURANCE
In addition to the workers' compensation insurance and
LESSEE'S covenant to indemnify LESSOR, LESSEE shall obtain and
furnish to LESSOR the following insurance policies covering the
LEASED PREMISES:
A. General Liability Insurance. A policy of general
public liability insurance, including motor vehicle
coverage. Said policy shall indemnify LESSEE, its
officers, agents and employees, while acting within
the scope of their duties, against any and all
claims of 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 in liability and
blanket contractual liability, of $1,000,000 per
occurrence and in the annual aggegate. Said policy
shall name LESSOR, its officers, and employees as
Additional Insureds, and shall specifically provide
that any other insurance coverage which may be
applicable to the LEASED PROPERTY shall be deemed
excess coverage and that LESSEE's insurance shall
be primary.
B.' Fire Insurance. LESSEE shall maintain in force
during the entire term of this lease, a standard
broad form fire insurance policy for full -
replacement of the structure itself, in which the
- 5 -
LESSOR is named, and which any and all losses are
made payable to LESSOR.
Certificates of insurance for said policies shall be
approved in writing by the City Attorney prior to the
commencement of any obligations hereunder. All Certificates of
Insurance (and the policies of insurance or endorsements
thereof) shall provide that any such Certificates and policies
shall not be cancelled or modified without thirty (30) days,
prior written notice to LESSOR.
Section 12. MAINTENANCE BY LESSEE
LESSEE shall, at its own cost and expense, keep and
maintain all portions of the LEASED PROPERTY as well as 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, resonable wear and tear also excepted.
Section 13. ALTERATIONS AN ENS
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 LESSOR 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
- 6 -
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.
Section 14. SUBLEASING,0R ,&S5,jQNING 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 LEASED 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 thap 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 otherwise, is void and
shall, at the option of LESSOR, terminate this lease. The
1. consent of LESSOR to any encumbrance, assignment, including '
occupation or transfer hereof of LESSEE'S interest in this lease
- 7 -
C:
•
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
sublessee/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.
Section 15. RELEASE -OF IN]2EMI7Y
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.
Section 16. ATTORNEY'S FEES
LESSEE agrees to pay all costs and expenses, including
reasonable attorney's fees, of any action commenced by LESSOR to
enforce the covenants and conditions of this lease to be kept or
performed by LESSEE, whether such action progresses to judgment
or not.
Section 17. LESSEE'S COVENANT TO PEACEABLY SURRENDER
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 this 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.
ti - Itil_!Now 505
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.
Section 19. WAIVER OR BREACH
The waiver by LESSOR of any breach by LESSEE or 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.
Section 20. FORS MAJE F_F__- 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.
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.
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.
Section 23. NOTICg
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:
Robert J. Franz
Director of
Administrative Services
2000 Main Street
Huntington Beach, CA
92648
LESSEE:
HUNTINGTON YOUTH SHELTER
7291 Talbert Avenue
Huntington Beach, CA
92648
Section 24. ENTIRE AGREEMENT
LESSOR and LESSEE agree that this lease constitutes the
entire agreement between the parties.
Section 25. PARTIAL INVALIDITY
Should any provision of this lease be held by a'court of
competent jurisdiction to be either invalid, void, or
- 10 -
unenforceable, the remaining provisions of this lease shall
remain in full force and effect unimpaired by the holding, zQ
�on4 as the__sea�onable expectpt'ions of the parties hel o are
Section 26. 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 in
this section contained 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.
Section 27. 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, ampliLy, or aid in
the interpretation, construction or meaning of the provisions of
this agreement.
PAGE END
0
3
0
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized
90
officers this ,/9tti day of /Yl drd.A 1943.
LESSEE:
HUNTINGTON YOUTH SHELTER
a California nonprofit Corp.
ATTEST:
City Clerk -
REV IESir'E AND APPROVED:
i 'j-
I,, w
City Administrator
LESSOR:
CITY OF HUNTINGTON BEACH
a municipal corporation of
the S to of California
Mayor
APPROVED AS TO FORM:
�VI4
C'tyA�io�ey ,�
TFD aN))�PA6VED :
Director 4 Aoministr ive
Services /
! L �
- 12 -
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Commencing at southeast corner, of the southwest one quarter, of the southeast one
quarter, of the northwest one quarter of section twenty-six, Township Five so-ith, range
eleven west, in the Rancho Las Solsas, City of Huntington Beach, County of Orange, State
of California, as shown per tract number 9909 recorded in book 51, page I3 of
Miscellaneous Maps, records of Orange County, California.
Thence 5 0o 49'48" E of thereof said southeast corner. A distance of 2639.35 feet; thence
S 890 20' 21" W a distance of 751.00 feet; thence N 00 39' 39" W a distance of 30.00 feet,
said point set beginning of this survey; thence contanninq N 00 39' 39" W. A distance of
257.00 feet set this survey; thence N 890 20' 21" E a distance of 157.00 feet set this
survey; thence 0`� 39' 39" ;rl. A distance of 265.00 feet set this survey; thence 5 89°
' 201
21" W. A distance of 202.00 feet set this survey; thence S 00 39' 39" E. A distance of
522.00 feet set this survey; thence N 890 20' 21" E. A distance of 45.00 feet to the point
of beginning. No physical points set at corners of set survey. Set survey containing 1.494
acres.
2076g
r-K,o ro s �p 2-W WD: Al.rl-:K& t T C
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0 �� GOO**'0,r-�
PEUIEb Py LNGYi<Dd ---
NORTH
HUNTiNGTON BEACH YOUTH SHELTER o�
u�,�
I0d Ikc.IV•E 4E- [-
N_ 0
e DATE IMMIDO ")
05nN96
F:,>:en
THIS CrRTIFICATE 8 19SUHDA8 AMATTER ppINRQRMATtON ONLY AND
M. . Ross/Dopd Corp.QNRERti
p
NO RIOHTI! UPON THE CERT1RIt:ATa HOLDER, THItB CERTIFICATE
00116 NOT AMhND, WIND OR ALTER THE COVERAGE APPORDED BY THE
Insurance Brokers
POLICIES BELgW,
16933 Farthenla Street
COMPANIES AFFORDING COVERAGE
North Hills, CA 91343
-_
CRY A Nonprofits Ins. Alliance of CA
COMPANY B
INSUREDNY
~
Volunteers of America of
cWTMTFA C
Lots Angeles
I OOMPAaY
3600 Wilshire Blvd Suits 1000
LrER D
Los Angeles, CA 90010
KGH
Le�"rre i NY E
THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOrMTHSTANDINO ANY RR'QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TC 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 POLICII±8. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
001 TYPE OF INSURANCE POLICY NUMBER
LrR
PD UC FFMCTIYE POLICY RIIPIRATM V�
C1YY1 DATE IMMMDMry
It>sii!'RAIL LIABILITY
GEMGRAL AGGREGATE is Z OQO,0N
PROOU0TS4=PIOP AGO. 1 2,000,000
X COMMERCIAL GENERAL UA8I1JTV
A CMS MADE LAIOCCUR.
11 %-N07
05/"196 05/0W
PERSONA. A ADV. INJURY
1 1,000,000
OWNER'S A CONTRACTOR's PROT
TEACH OCCURRENCE
I 1,000 000
FIRE DAMAGE (" One Nn)
S 501000
MED. WENBE (Any arse Person)
1 1000
AUTOUCSKA LIABILITY
OOMBINED flINGLE
LIMIT 1 1,000,000
h I ANY AUTO
LALL OWNED AU709T
....
BODILY INJURY
s
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X ' NON•CY NSD AUT08
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PROPERTY DAMAGG 1
LMIS LIABILITY
l
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AGGREGATE
{
OTHER THAN UMBRELLA FORM
NIORIOIR'0 COYP1N1raAT10N
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AND
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MR" - PwCY UMIT S
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DISEASE-EACNEMLDYEE
1
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.
DI+BOR"014 UP' O""TI01N5AACAT1C%WV1NIC4lBfrfPMAL ITBMB
Re: 7291 'halbert Ave,I Huntington Beach, Ca.
The Certificate Holder is named as an Additional Insured per the attached
endorsement.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach, it's
EXPIRATION DATE THEREOF, THE 188UING COMPANY WILL
Agents, Officers & Employees
MAIL 3Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
2000 Main Street
LEFT, aapal 1110XIINIM
Huntington Beach, Ca 9264E
�"rrN :� �N1€E�CF1Til
AUTHORIZED a e11NTAT1Y1
VOL7S7
?Gd yid IV:co 96—rI-5C
POLICY NUMBER: WO.0807 COMMERCIAL GENERAL LIABILITY
THIS`ENDORSEMENT CHANG98 THE POLICY. PLEASE READ IT -:CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS OF
PREMISES
This endorsement modlffss Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SONEDULE
1. Designation of Premises (Part Leased to You):
Re: 7201 Talbert Ave., -Huntington Deslaho Ca.
2. Name of Perm or OrWlzatlon:
City of Huntington Beach, It's
Agents, Officers A Emplayses
2000 Mein Street
Huntington Beach, Cs 9200
3. Additional Premium:
(If no entry appears above, Information required to complete this endorsement will be shown In the Declara-
tions as applicable to this endorsement.)
WHO IS INSURED (Goadon.11) Is amended to Include as
an Insured the person or organisation shown In the
tchedule but only with respect to liability arising out
of the ownership, maintenance or u" 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 "000urrenoW which takes place after you
cease to be a tenant In that premises.
2, Structural alterations, new contraction or dem-
oiitlon operations performed by or on behalf of
the person or organization shown In the Sched-
ule.
\ � �-_.{ � �!��r-rl��,. •. �. ,.r��n �f�r171wC lllr.A' Irr^ �I��Q
POLICY NUMBER: N9E-6807 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT -CAREFULLY.
ADDITIONAL INSURED - MANAGERS OR LESSORS OF
PREMISES
Th)s endorserent modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
80HEI)ILILE
1. Designation of Premises (Part Leased to You):
Re: 7291 Tolbert Avs., Huntinoon Balch, Co.
^, Name of Person or Organization:
City of Huntington Beach, It's
Agents, Officers & Employees
3000 Maln West
Huntington Beach, Ca 02549
3. Additional Premium:
(If no entry appears above, Information required to complete this endorsement will be shown In the Declara-
tions as applicable to this endorsement.)
WHO IS INSURED (Section ii) Is amended to Include as
an Insured the person or organization shown In the
Schedule but only with respect to Ilablllty 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 additlonal exclusions:
This Insurance does not apply to:
i.. Any "000urrence" which takes place after you
cease to be a tenant In that premises.
2, Structural aiteratlons, new construction or dem-
oltlon operations performed by or on behalf of
the person or organization shown In the Sched-
ule.
CCU 20 11 1185 Copyright; Insurance BBrvlCB WIN, Inc„ 1964
•
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M. 34. Reawol"c.ttd CtarV.
inatlrence Hrplcers
16939 partltattta stunt
North 13111�, CA 571343
pees r.lr-ewa
Volunvvwwa or Atnerlaa or
�Or AttgrlM
"00 VVilslalre Sled 151Wlte I500
X-oat Angalre, CJ► 00010
Y.ocim[fe`nt T215F1 'rm1Riert Ave.. Fluvt4.0tep Hrme1t. Ca.
I"a.atibirs 00,000 AOT/ s3l1,O00 lnae dt 596 EO
TbV to s tntt♦•tsr 100e Iftnit euvrrlrKqjO
8e!l131 to udnab [=icoa allExtrr Sxttrner/Prrweafri
PF'oDe:rtS�•
1'"ff POLICY lag
C![� or" ntln0ton death
3000 1V141n �trrrf
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t JIRG SCLzvv h1A0 mar."ijPGLJ1117, M 1N PORCO.
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Re: 7291 Talbert .6.va.. MuLntitagtdr. I3eeoh
Aataoited plop" ftn4 Evidenoe oi'Property Insurance atld Cat-tiflcate ofLlability Ineurnnoo for the
above rerirel aed lcboatltatt.
Should you ha%% a a.ny quawtions, please give me a call.
Regan ,
licoet
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AeeeuW Mar"10W
M. H. abrr/paua
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M. H. SLors✓6oua Corp.
InwurWtow Hrolcar/
36033 Pwrt" dm 9trooi
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Los AnQ�alaw
asoo Wllrlals� 191va ssoq
2vw Asaplwa. CA 90olLo010
C4MaAN1®� AFFp PIdINQ OOVL•PIA41Q
1Vonzovor is Ins. A1lannlmw of CA -_ - -
Nv 6
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MHVOw1rN.4.Lr�-3V ApNrY OM T 10 yovw OEwORIw/vOwf OwL1aAOTIOn TOHRa
ATwiN OAT/ THwRaris-, THE Iwwu.mm-sz;MrANY WILL wNOlAVOR TO
AIL aq o^vp WRIITI!N Nei -rice ya THE OCNTLPICATlHOLDER NAMEo TO -m
wT. OUT rA1LURLMAIL wuoH NOTIpw wHAL IMrOa/ NO
^mv aNp Jr-4— Hw CORANY. Ta AmmNmw On RErREwENTATIVEa.
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_ ill Ag� • f� - �_-
Page ll Counc ency nu M tes� 9/18/89
n i R N TR T APP P ATI N NARQQIIC FQRFEIIURE
The City Clerk presented a coErmuni cati on'-:pertai ni ng to reconstructing the
1 appropriation balance from the Narcotic Forfeiture -Fund.
A motion was made by Silva, seconded by MacAllister, to appropriate $125,000
from the Narcotic Forfeiture .Fund balance to replace funds which were trans-
ferred to the General Fund to continue salary and benefits for two narcotics
officers to July 1, 1990. The motion carried by:the following roll call vote:
AYES: MacA'l-l.ister.', Green; Wi.nchel l , Mays, Silva, Erskine
NOES: done
ABSENT: None (Bannister - out of the room)
(City Council). LEASE °AGREEMI~�!T - APPROVED - HUNTINGTON YOUTH SHELTER
H-UNTINGTQN CENTRAL PARK
The City Clerk presented -a communication from the City Administrator per-
taining to the Lease Agreement between the City and the Huntington Youth
Shelter.
Discussion was held between Council, staff, and the City Attorney regarding
the lease.
A motion was- made by MacAllister, secorced by Mays, to approve and authorize
execution of a..°Le'ase Agreement between the City and the Huntington Youth
Shelter for City property located at 72-1 Talbert Avenue for use as a tempo-
rary home facility for youth only, for a 20 year term at $10 per year. The
motion carried by the following roll call vote:
AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine
NOES: None
ABSENT: None (Bannister out of the room)
•L_ -n 4.vt-V rr + r L. Q n nT n U
The City Clerk presented a communication from the City Administrator regarding
the amendments to operative agreements for five redevelopment project areas.
A motion was made by Winchell, seconded by Green, to approve the debt of the
Low Income Housing Fund and to approve and authorize execution of amendments
to the five Operative Agreements between the City of Huntington Beach and the
Huntington Beach Redevelopment Agency as follows:
PR E T AMENDMENT OPERATIVE
AR S N� AGREEMENT
Main -Pier 8 2
:Ta-1 Bert- Beach 8 1
Oakview 8. 3
Huntington Center 7 5
Yorktown -Lake 7t 3
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' • REQUE& FOR CITY COUNCOACTION
Date September 18, 1989
Submitted to: Honorable P.-layor and City Council members ROVED CITY COUNCIL
Submitted by: Paul E. Cook, City Administrator ",� Al % / 8a.��
r
Prepared by: Robert J. Franz, Deputy City Administrator
Subject: Lease Agreement Between the City of Huntington Beae , an Iing on ou h
Shelter Located at 7291 Talbert Avenue, Huntington Beach
Consistent with Council Policy? W Yes [ ] New Policy or Exception
StatemenLof Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue: The Huntington Beach Youth Shelter desires to lease 7291 Talbert Avenue,
Huntington Peach, as a temporary home facility for youth only.
Recommendation: Approve the attached lease and authorize the Mayor and City Clerk to
execute this document.
Anal sis: The "Huntington Beach Youth Shelter", a California charitable non-profit public
benefit Wcorporation was organized to establish, maintain and supervise a temporary home
facility for minors. The non-profit organization has determined that the vacant
"Brooks House", located just east of the City's main library in Central Park, to be an ideal
location for their vouth shelter.
The lease is for twenty (20) years, with rent of $10 per year. This lease may be terminated by
either party by a written thirty (30) day notice. Lessee pays all utilities and insurance.
Funding: Not applicable.
Alternative:
1. Do not lease property.
2. Change the terms of the lease.
Attachment: Lease Agreement
4758j 40A
P10 4/84
•
LEASE AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND HUNTINGTON YOUTH SHELTER
FOR THE PROPERTY LOCATED AT 7291 TALBERT AVENUE
THIS AGREEMENT is made and entered into on the 18th day
of September , 1989, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "LESSOR", and HUNTINGTON YOUTH
SHELTER, a California nonprofit corporation, hereinafter
referred to as "LESSEE."
WHEREAS, LESSEE desires to hire, for temporary home
facilities for minors only, certain real property owned by
LESSOR, and
LESSOR desires to let the productive use of aforesaid
certain real property to LESSEE, and
LESSEE desires to rent the productive use of aforesaid
certain real property from LESSOR,
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:
Section 1. DESCRIPTION OF PROPERTY
LESSOR hereby leases to LESSEE that certain real
property, hereinafter referred to as "LEASED PROPERTY,"
described as being located at 7291 Talbert Avenue, and legally
described in Exhibit "A" attached.
Section 2. TERM
This lease shall be for a term of twenty (20) years
1990
commencing at 12:01 a.m. on March 21 kpdo, and ending
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0
•
at 12:01 a.m. on
as herein provided.
March 20
Section 3. RENT
2010
7VU0, unless sooner terminated
A. LESSEE agrees to pay LESSOR as rent for the use and
occupancy of the LEASED PROPERTY the sum of Ten Dollars ($10.00)
per year, or any portion thereof, to be paid twelve (12) months
in advance. The rent specified in this section shall be paid by
LESSEE to LESSOR, Post Office Box 190, Huntington Beach,
California, 92648 Attn: Real Property Manager.
B. LESSOR and LESSEE will negotiate the rent of each and
every one year extention to this Agreement.
Section 4. PERMITTED USE
The LEASED PROPERTY shall, during the term of this lease
and any extentions thereof, be used for the purpose of a
temporary home facility for minors.
Section 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.
Section 6. TERMINATION
This lease shall be subject to cancellation and
termination by LESSOR or LESSEE or at any time by giving the
other party notice, in writing, at least thirty (30) days prior
to the next date when such termination shall -become effective.
Lessee shall make substantial initial improvements to the
property and these improvements shall be subject to Section 13
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•
of this agreement. The cost of such initial improvements shall
be subject to approval by the lessor and shall be amortized over
a twenty year period.
if the lease is terminated by the lessor pursuant to this
provision prior to the lessee being in possession for a period
of twenty (20) years, the lessor shall pay to the lessee that
prorata share of the initial improvement cost which has not been
amortized. As an example, if the lessor terminated the lease in
ten years and the initial improvement cost was One Hundred
Thousand ($100,000) Dollars, lessor would pay lessee Fifty
Thousand ($50,000) Dollars.
Section 7. SERVICES AND UTILITIES
LESSEE shall pay for electrical and utility services
which are separately metered to the LEASED PROPERTY. LESSEE
shall arrange for and pay for its own janitorial services.
LESSEE is aware that the LEASED PROPERTY is not supplied with a
system of heating, ventilation and air conditioning, and LESSOR
shall have no obligation to supply the LEASED PROPERTY with such
system. Any existing services are to be maintained at LESSEE's
expense (See Section 12).
Section B. 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
LEASED PROPERTY shall be considered a month -to -month tenancy
subject to all the terms and conditions of this lease.'
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Section 9. LESSEE'S COVENANT OF INDEMNITY
LESSEE shall indemnify and save and hold harmless LESSOR,
its officers and employees, from any and all liability,
including any claim of liability and any and all losses or costs
arising out of the negligent performance of this agreement by
LESSEE, its officers or employees, or from any willful
misconduct of LESSEE, its officers or employees during the term
of this lease.
Section 10. WORKERS' COMPENSATION
LESSEE shall comply with all of the provisions of the
Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 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 LESSOR 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 LESSOR,
for or on account of any liability under any of said acts which
may be incurred by reason of any work to be performed by LESSEE
under this Agreement. LESSEE shall obtain and furnish evidence
to LESSOR of maintenance of statutory workers' compensation
insurance and employers' liability in an amount of not less than
$500,000 bodily injury by accident, each accident, $500,000
bodily injury by disease, each employee, and $1,000,000 bodily
injury by disease, policy limit.
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Section 11. INSURANCE
In addition to the workers' compensation insurance and
LESSEE'S covenant to indemnify LESSOR, LESSEE shall obtain and
furnish to LESSOR the following insurance policies covering the
LEASED PREMISES:
A. General -Liability Insurance. A policy of general
public liability insurance, including motor vehicle
coverage. Said policy shall indemnify LESSEE, its
officers, agents and employees, while acting within
the scope of their duties, against any and all
claims of 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 in liability and
blanket contractual liability, of $1,000,000 per
occurrence and in the annual aggegate. Said policy
shall name LESSOR, its officers, and employees as
Additional Insureds, and shall specifically provide
that any other insurance coverage which may be
applicable to the LEASED PROPERTY shall be deemed
excess coverage and that LESSEE's insurance shall
be primary.
B. Fire Insurance. LESSEE shall maintain in force
during the entire term of this lease, a standard
broad form fire insurance policy for full
replacement of the structure itself, in which the
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LESSOR is named, and which any and all losses are
made payable to LESSOR.
Certificates of Insurance for said policies shall be
approved in writing by the City Attorney prior to the
commencement of any obligations hereunder. All Certificates of
Insurance (and the policies of insurance or endorsements
thereof) shall provide that any such Certificates and policies
shall not be cancelled or modified without thirty (30) days'
prior written notice to LESSOR.
Section 12. MAINTENANCE BY LESSEE
LESSEE shall, at its own cost and expense, keep and
maintain all portions of the LEASED PROPERTY as well as 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, resonable wear and tear also excepted.
Section 13. 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 LESSOR 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
•
0
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.
Section 1.4. 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 LEASED PROPERTY or any of the improvements that may
now or hereafter be constructed or installed on LEASED 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 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
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•
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
sublessee/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.
Section 15. 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.
Section-16. ATTORNEY'S FEE
LESSEE agrees to pay all costs and expenses, including
reasonable attorney's fees, of any action commenced by LESSOR to
enforce the covenants and conditions of this lease to be kept or
performed by LESSEE, whether such action progresses to judgment
or not.
Section 17. 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 this lease shall thereupon be and become the
0
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.
Section 18. 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.
Section 19. WAIVER OR BREACH
The waiver by LESSOR of any breach by LESSEE or 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.
Section 20. 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
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difficult solely because of the financial condition of the
party, LESSOR or LESSEE, required to perform this act.
Section 21. 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.
Section 22. 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.
Section 23. 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:
Robert J. Franz
Director of
Administrative Services
2000 Main Street
Huntington Beach, CA
92648
LESSEE:
HUNTINGTON YOUTH SHELTER
7291 Talbert Avenue
Huntington Beach, CA
92648
Section 24. ENTIRE AGREEMENT
LESSOR and LESSEE agree that this lease constitutes the
entire agreement between the parties.
Section 25. PARTIAL INVALIDITY
Should any provision of this lease be held by a court of
competent jurisdiction to be either invalid, void, or
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0
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.
Section 26. BINDING ON HEIRS AND SUCCESSOR
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 in
this section contained 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.
Section 27. 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.
PAGE END
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized
officers this � day of rnargA IF19��
LESSEE:
HUNTINGTON YOUTH SHELTER
a California nonprofit Corp.
J
Dire t r
Director
ATTEST:
City Clerk -
REV I EV E AND APPROVED:
l�J,
IIA4 S r
City Administrator
LESSOR:
CITY OF HUNTINGTON BEACH
a municipal corporation of
the S to of California
Mayor
APPROVED AS TO FORM:
w
rCityQA/yoey
INI TED &ND-APjl�6VED:
Director oCf A¢ministr ive
Services /
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Commencing a:, southeast corner, of the southWest one quarter, of the southeast one
quarter, of the northwest one nuarter of section twenty-six, Townshia Five south, range
eleven west, in the Rancho I_as Bo!sas, City of Huntington 9each, County of Orange, State
of 'California, as shown Per tract number 9909 recorded in book 51, page 13 of
Miscellaneous `claps, records of Orange County, California.
Thence S 00 49'49" E of thereof said southeast corner. .A distance of 2639.35 feet; thence
S 890 20' 21" 'N a distance of 751.00 feet; the -ice N 00 39' 39" VV a distance or 30.00 feet,
said point sot heginninq of this survey; thence continuinq \ 00 39' 39" "N. A distance of
257.00 feet set this survey; thence \1 899 20' 21" E= a distance of 157.00 feet set this
survey; thence N 00 39' 39" ',q. A distance of 265.00 feet set this survey; thence S 890 20'
21" 0J. .A distance of 202.00 feet set this survey; thence S 00 39' 39" E. A distance of
522.00 feet set this survey; thence �\1 890 20' 21" E. A distance of 45.00 feet to the point
of 'beginning. No ;physical points set at corners of set survey. Set survey containing 1.494
acres.
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FORTH
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HUNTINGTON BEACH "YOMM', SHEITIMER I�zo
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
April 27, 1990
Carol Kanode
17382 Alta Vista Circle
Huntington Beach, CA 92647
CALIFORNIA 92648
Enclosed is a copy of Lease Agreement between the City of Huntington
Beach and luntington Yough Shelter for the property located at
7291 Talbert Avenue which was approved by the City Council of the
City of Huntington Beach on September 19, 1989.
rJ
Connie Brockway
City Clerk
CB:bt
Enc.
1 Telephane: 714-536-5227 )
Q ISSUE DATE (MMIDDNY)
cir _13��Zzoli2/9/90
r nS Dl"EK I _TFHS QEATIFJCATP IS ISSUED AS A MATTER OF WFORMATION ONLY AND CONFERS
' ' ' •'NO RIGH7S:UPlaN THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
ASSOCIATED AGENCIES, INC. OF CALIFORNIA EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POST OFFICE BOX 8797 r
NEWPORT �93EACH, CALIFORNIA 92658 .% MPANIES AFFORDING COVERAGE
(714) 261-0705 r�-1
COMPANY
LEI -TER
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A SCO_TSDALE INSURANCE COMPANY
p r
CUTER COMPANY
WR 0 9 1 90
INSURED
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l
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COMPANY
C
�t
HUNTINGTON
YOUTH SHELTER BOARD
LETTER
17382 ALTA
VISTA CIRCLE
a
----' T
HUNTINGTON
BEACH, CA .92647
COMPANY
.LETTER
D.
COMPANY E
j LETTER
THIS IS TO CERTIFY THAT POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED.
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 CONDI-
TIONS OF SUCH POLICIES.
L
;11 CO
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TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE J PO•.ICv Er+'IRATID�:
DATE {MMMITY) I Dk.E IMM/DDIVYI
LIABILITY LIMITS IN THOUSANDS
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OCCURRENCE
AGGREGATE''
My -
GENERAL LIABIL-ITY
Raor_Y
AA
X COMPREHEI;SIVE r'DRIA
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INJURY
$
f PROPERTY
�X PREMISESIOPERATIONS
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EXPLOSION S CC LAPSc H.41hRD
PRODUCTS'COMPL'EIED DPERATIG,S
j
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DAMAGE
$
$
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CONTRACTUAL
MPS089929
11 15 89 11 15 90 I91
/ / / /
4 6 PD 1 000
COMBINED
$ r; 000
:
INDEPENDENT CCtiTRACTORS
,
I
PERSONAL INJURY
$ L
3
I BROAD FORM PROPERTY UA.'.!kGE
PERSONAL (;;JURY
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AUTOMOBILE LIABILITY
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(PER AMDE', I �
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PROPERTY
HIRED AUTOS
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DAMAGE
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EXCESS LIABILITY
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EMPLOYERS' LIABILITY
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(DISEASE -EACH EMPLOYEE!
OTHER
$400,000 BUILDING
AI
PROPERTY
MPS089929
11/15/89
11/15/90
$500 DEDUCTIBLE
DESCRIPTION OF OPPHAIiON5+LOCATIO','SNEHICLES!SPECIAL ITEMS
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED
CITY OF HUNTINGTON BEACH, IT'S
OFFICERS, EMPLOYEES AND VOLUNTEERS
2000 MAIN STREET
HUNTINGTON BEACH, , CA 29648
A,8
Y OF THE ABOVE DESCRIBED POLICIES BE CANCELtEiD BEFORE THE EX-
'NY
DATE THEREOF, THE ISSUING COMPANY WILL. ONa- (KQ¢j(}(E}Q
S WRITTEN N E TO THE CERTIFICATE HOLDER NAMED TO THE
EPA .JTATIV