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HomeMy WebLinkAboutConcours D'Elegance Group - 2019-06-03 (2)File #: 19-627 City of Huntington Beach Ar-PROVEED 7-0 MEETING DATE: 6/3/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Lori Ann Farrell Harrison, Interim City Manager PREPARED BY: Kellee Fritzal, Deputy Director of Economic Development Subiect: Approve and Authorize the Execution of a License Agreement between the City of Huntington Beach and Concours D'Elegance Group for use of Central Library facilities for the Annual Concours Car Show Statement of Issue: The City Council is asked to approve a two (2) year License Agreement between the City of Huntington Beach and Concours D'Elegance, for the continued operation of the annual Concours Car Show held at the Central Library. Financial Impact: The Concours Car Show is subject to applicable fees throughout the Specific Events process. Concours D'Elegance issues a check of event proceeds to the Huntington Beach Central Library in support of the Children's Resource Center. In previous years, the donation averaged $20,000. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "First Restated and Amended License Agreement between the City of Huntington Beach and Concours D'Elegance Group for use of Public Library Facilities for an annual Concours Car Show." Alternative Action(s): Do not approve the license agreement and provide direction to staff. Analysis: Since 1985, Huntington Beach Concours D'Elegance has worked with the City to host an annual Concours Car Show on the first weekend of June at the Central Library. The event operates on both Saturday and Sunday and is open to all ages. The Concours Car Show provides a family -friendly experience for the community as a way to raise funds for the Children's Resource Center at the Central Library. The event was held June 1 st and 2nd and was the 34th annual Concours D'Elegance City of Huntington Beach Page 1 of 2 Printed on 5/30/2019 powered by Legistar— File #: 19-627 MEETING DATE: 6/3/2019 Car Show. In May 2019, staff received a signed License Agreement from Bart and Diana McGrath, the founders of HB Concours D'Elegance, for the use of Library facilities. The License Agreement is for a term of two (2) years. The License Agreement is subject to the following terms.- 0 Activities within Central Park and the parking lot shall be coordinated with City staff to accommodate each activity. • Licensee agrees to submit to make available for inspection a complete and accurate set of books and records of all ticket sales. • After the Concours event is held, the Library Services Director will submit a letter requesting the distribution of funds in support of the Children's Wing of the Library. The Committee agrees to review and issue a check for the requested amount as soon as possible after determination of the amount raised over the course of the event. Payment will be delivered to the City by October 31st after the event. 0 All cost of staff support is the sole responsibility of Concours and they shall be responsible to pay for at least one staff member to be on site to assist with access into the building in the morning and at closing. Concours D'Elegance has purchased insurance pursuant to City requirements. Planned access to the Balboa or Maddy Room shall be permitted once a month for planning purposes. All other meetings shall be arranged with and approved by City staff. The License Agreement is consistent with the revised terms that the City is implementing for all lessees and operators. Based upon Concours D'Elegance's qualifications and experience operating 34 previous events in the City, the Office of Economic Development is recommending approval of the License Agreement. Environmental Status: Not Applicable Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Lease Agreement City of Huntington Beach Page 2 of 2 Printed on 5/30/2019 powered by Lepistar-11 Concours shall not cause the delivery of any materials or pallets to the Premises without Written,, verbal or electronic notice as reasonably possible to Concours fox- any reason associated with public health, safety or welfare, or for the protection of life, limb or property. In all other cases unless otherwise specifically set forth herein, City shall give Parties. Concours shall cooperate with City in scheduling and making the inspectiorn i nd interest in this Agreement in violation of the applicable provisions of the Cnlifnr»iu OPERATOR: CITY OF HUNTINGTON BEACH, a CONCOURS D'ELEGANCE GROUP municipal corporation of the State of an Unincorporated Association California By. BART McGRA 201 r ITS: Chairman City Clerk ✓o /9 AND APPROVED, By:_ ,.� DIANA McGRATH City Attorney ITS: Vice Chairman ITIATED D APPROVED: or Deputy Directok,4 Economic Development REVIEWED AND APPROVED: City anager Exhibits: A. Description of the Premises B. Map Depicting the Premises 19-7402/ 1999931SFF 23 EXHIBIT A Description of the Premises: Signed Concours Agreement.pdf The Premises consist of defined and limited areas of the Central Library located at 7111 Talbert Ave, Huntington Beach, California. These defined areas are made available for the purposes of the Concours event. The defined areas of the premises are 1) the area on the lower level of the original 1975 structure, by the rear loading dock, commonly referred to as the Library Acquisitions area, 2) Two of the small study rooms, located in the louver level haliway near Acquisitions, 3) the rear loading dock area, and 4) a small defined area of the basement near the secured cage at the base of the stairs. The Directorof library Services may amend the location and amount of space designated for the event with mutual agreement of the parties. EVANSTON INSURANCE COMPANY CERTIFICATE NO.: - CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM PRODUCER PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City of Huntington Beach, its officers, elected or appointed Apex Insurance Services Officials, employees, agents and volunteers. P. O. Box 6450 2000 Main St. Newport Beach, CA 92658 Huntington Beach, CA 92648 License No: OC 36861 NAMED INSURED (EVENT HOLDER): EVENT INFORMATION: Bart P. McGrath — Huntington Beach Concours d'Elegance TYPE: Hazard I ($219.00) 21051 Leasure Lane DATE(S): June 1-2, 2019 Huntington Beach, CA 92646 LOCATION: Huntington Beach Central Park *Liquor Liability Yes ❑ No "Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies) unless amended as described in Special Conditions. INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41028 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2019 EXPIRATION: JANUARY 1, 2020 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 SPECIAL CONDITIONS: Personal & Advertising Injury 1,000,000 The following endorsements attached to Each Occurrence Limit 1,000,000 the Master Policy do not apply to this Damage To Premises Rented To You (Any One Premises) 100,000 Certificate Of Insurance: Medical Payments (Any One Person) 5,000 MEGL643 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased 0 $1,000,0001$3,000,000 ❑ $2,000,00052,000,000 Damage To Property (If purchased) The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 10, 2019 Huntington Beach Concours D'Elegance Attn: Bart and Diana McGrath P.O. Box 5578 Huntington Beach, CA 92615-5578 Dear Mr. and Mrs. McGrath: Enclosed is a fully executed copy of the "First Restated and Amended License Agreement between the City of Huntington Beach and Concours D'Elegance Group for Use of Public Library Facilities for Annual Concours Car Show" approved by the Huntington Beach City Council on June 3, 2019. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF BUSINESS DEVELOPMENT Business Development • Housing - Real Estate 714.536.5582 www.hbbiz.com fax - 714.375.5087 June 7, 2019 Bart and Diana McGrath Huntington Beach Concours D'Elegance P.O. Box 5578 Huntington Beach, CA 92615-5578 (714) 382-4755 diana.mc rath ,IngramMicro.com Dear Mr. and Mrs. McGrath: The City Council approved your Lease Agreement at the June 3, 2019 City Council meeting. Attached is your signed lease. However, we feel the need to draw your attention to two sections of this agreement, due to your non-compliance with City Policy at the 2019 event. Section 3.A requires you to obtain a Specific Events permit for your event. Through that permit, you are required to abide by all of the conditions of the permit. In addition, Section 32 states that this agreement is subject to the laws, regulations and policies of the City. In March 2019, the City enacted a new fencing policy for Specific Events in our parks, prohibiting the use of staked -style fence posts, due to potential damage to underground irrigation and electrical systems. Only surface -panel fencing will be allowed for events in our parks. Concours D'Elegance and specifically you, were informed of this policy at your Specific Events meeting with staff. It was clearly stated that you must comply with this new policy as other events have done. You agreed to comply and the Concours Specific Event Letter of Conditions and the Specific Events Permit, both indicated staking fence post was prohibited. On the morning of the May 31, 2019 set-up for the Concours, staff observed that the proper fencing was being installed at the parking lot level of the event footprint. Upon arrival on the June 1, 2019 event day, it was noticed that staked fencing was used on the interior portions of the event footprint. At no time between the Specific Events meeting and the event date did you or anyone representing your event, express to any staff member objection or an inability to using surface -panel fencing, nor did you ever indicate a plan to use the prohibited stake -style fencing. www.huntingtonbeachca.gov This disregard for City policy will not be accepted in the future. The attached Agreement has the ability to be terminated by the City and will be, if you continue to disregard the terms of this Agreement. Next year, Concours will be required to submit all fencing plans and vendor agreements/invoices in advance of receiving any Specific Event permits, so we are able to verify your intent to comply. Sincerely, Kellee Fritzal, Deputy Director Office of Business Development City of Huntington Beach (714) 374-1519 Kfritzal@surfcity-hb.org C: Marie Knight, Community Services Director Stephanie Beverage, Library Director Enclosure www.huntingtonbeachca.gov