Loading...
HomeMy WebLinkAboutBolsa Chica Conservancy - 2021-09-21 r�,v.JrE TO JgPFRO✓&M 7-0 City of Huntington Beach File #: 21-693 MEETING DATE: 9/21/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Scott M. Haberle, Fire Chief Subject: Approve and authorize execution of the License Agreement by and between the City of Huntington Beach and Bolsa Chica Conservancy relating to network connectivity between City property and the Bolsa Chica Wetlands Interpretative Center Statement of Issue: The City Council is requested to approve and authorize execution of the License Agreement by and between the City of Huntington Beach and Bolsa Chica Conservancy (License Agreement) Financial Impact: Per the License Agreement. the Bolsa Chica Conservancy agrees to pay the City of Huntington Beach a one-time license fee of Five Hundred Dollars ($500.00). Recommended Action: Approve and authorize the Mayor and City Clerk to execute "License Agreement By and Between the City of Huntington Beach and Bolsa Chica Conservancy." Alternative Action(s): Do not approve License Agreement and direct staff accordingly. Analysis: Bolsa Chica Conservancy, a 501(c)3 Nonprofit California Corporation, is requesting to achieve network connectivity between the City of Huntington Beach property and the Bolsa Chica Wetlands Interpretive Center. Bolsa Chica Conservancy is requesting to install and maintain new microwave equipment including microwave radios, antennas and associated equipment on the rooftop of Fire Station #7. The City of Huntington Beach may terminiate this license immediately if at its sole discretion determines health and safety issues exist because of Bolsa Chica Conservancy's equipment. The License Agreement by and between the City of Huntington Beach and Bolsa Chica Conservancy includes a term of twenty-four (24) years. The License Agreement also states that Bolsa Chica Conservancy would pay the City of Huntington Beach a one-time license fee of Five Hundred Dollars City of Huntington Beach Page 1 of 2 Printed on 9/15/2021 ._.:.. :226 ..., File #: 21-693 MEETING DATE: 9/21/2021 ($500.00). This License Agreement would be related to one of the adopted strategic goals to increase the City's community engagement efforts. As stated on the Bolsa Chica Conservancy website, "Established in 1990 by a coalition of government, community, business and environmental leaders, the Bolsa Chica Conservancy, a private, not-for-profit organization, provides services that inspire and connect all generations through community involvement and leadership in hands-on restoration and education in wetland science, watersheds, coastal ecology and environmental sustainability." The attached License Agreement by and between the City of Huntington Beach and Bolsa Chica Conservancy is being requested to be approved and executed for a term of twenty-four (24) years. Environmental Status: Not applicable. Strategic Plan Goal: Community Engagement Attachment(s): 1. License Agreement by and between the City of Huntington Beach and Bolsa Chica Conservancy City of Huntington Beach Page 2 of 2 Printed on 9/1 512 0 2 1 ocwere227j Legistarl" LICENSE AGREEMENT BY AND BETWEEN THE CITY OF FIUNTINGTON BEACH AND BOLSA CH ICA CONSERVANCY This License Agreement ("Agreement") is made and entered into by and between the CITY OF I IUNTINGTON BEACH, a California municipal corporation. hereinafter referred to as "LICENSOR." and 13O1-SA CI IICACONSERVANCY, a501(c)3 Nonprofit California Corporation, hereinafter referred to as "LICENSEE." \V1-IFREAS, LICENSEE desires access to that portion of LICENSOE'S properly at 3831 Warner Avenue, Huntington Beach. California 92649, known as"Fire Station 47",to install and maintain new microwave equipment including microwave radios.antennas and associated equipment ("LICENSEE'S equipment")on the rooftop of Fire Station 47 in a specific location as determined by the Fire Chief("License Area"). I..ICF..NSEE'S equipment is to achieve network connectivity between the LICENSER'S property and the Balsa Chica Wetlands Interpretive Center. located at 3842 Warner Avenue. Fluntineton Beach. CA 92649: and LICENSOR desires to allow such use and access as is necessary: and The parties wish to enter into an agreement defining their respective rights and responsibilities concerning said License. NOW. THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged. the parties covenant and agree as follows: I. GRANT OF LICLNSL. LICENSOR hereby grants to LICENSEE, its employees, agents. contractors and invitees, a non-exclusive, non-transferable limited right to enter upon the License Area and to permit ingress and egress across LICENSOR's property for access to install and maintain L.ISLNOR'S equipment asset forth herein. 2. TERMlFERMINATION. The term of this Agreement shall be for a period of' twenty-four (24) years commencing on the date this Agreement is signed by LICENSOR. This Agreement may be terminated by either party by providing thirty (30) day's written notice to the other party at its address listed below. The LICENSOR may terminate this license immediately ifat its sole discretion determines health and salety issues exist because of LICINSEE's equipment. 1 3. CONSIDERATION. LICENSEE agrees to pay LICENSOR a one-time license fee of Five Hundred Dollars($500.00) as consideration for the use and occupancy of the License Area during the duration of the term. Said fee shall be paid to the LICENSOR no later than sixty (60) days after execution of this Agreement. 4. INDEMNIFICATION DEFENSE, HOLD HARMLESS. LICENSEE, hereby agrees to protect, defend, indemnity and hold and save harmless LICENSOR, its officers, agents, and employees against any and all liability, claims,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 grant of License herein contained, including those arising from the passive concurrent negligence of LICENSOR, but save and except its active concurrent negligence, sole negligence, or the sole willful misconduct of LICENSOR. LICENSEE will conduct all defense at its sole cost and expense. Thisprovision shall survive termination ofthis Agreement. 5. WORKERS' COMPENSATION INSURANCE. Pursuant to the California Labor Code Section1861, LICENSEE: acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for worker compensation LICENSEE covenants that it will comply with all such laws and provisions prior to accessing the License Area pursuant to this Agreement. LICENSEE shall maintain such Workers'Compensation Insurance man amount ofnot less than One Hundred "thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all tithes incident hereto, in forms and underwritten by insurance companies satisfactory to LICENSOR. 6. INSURANCE. LICENSEE shall carry at all times incident hereto, on all activities to be performed in the License Area as contemplated herein, general liability insurance, including coverage forbodily injury,and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to LICENSOR in its commercially reasonable discretion. Said insurance shall name LICENSOR, its officers, agents and employees as additional insureds. In the event of aggregate coverage, LICENSEE shall immediately notify LICENSOR of any known depletion of limits. I.,ICENSEE shall require its 2 insurer to waive its subrogation rights against LICENSOR and agrees to provide certificates evidencing the same. 7. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENT. Prior to accessing and using the License Area pursuant to this Agreement, LICENSEE shall furnish to LICENSOR certificates of insurance subject to approval of LICENSOR 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 cancelled without thirty (30) days prior written notice to LICENSOR. LICENSEE shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of LICENSOR by LICENSEE under this Agreement. LICENSOR or its representative shall 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 insurance hereinabove required. A separate copy of the additional insured endorsement to each of LICENSEE'S insurance policies, naming LICENSOR, its officers, agents and employees as additional insureds shall be provided to LICENSOR for approval prior to accessing the License Area pursuant to this Agreement. "Licensee may self-insure to satisfy the requirements of section 6- 811 . 8. WASTE. LICENSEE shall not damage or commit any kind of waste upon the License Area or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of LICENSEE. LICENSEE shall make no change in the use of the License Area nor shall the design of the License Area be changed other than as authorized herein without prior written consent of LICENSOR. LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the License Area and LICENSEE agrees to indemnity and hold LICENSOR harmless against any such liens, including but not limited to the payment of attorneys' fees. 9. MAINTENANCE. LICENSEE agrees to care for and maintain at its sole cost 3 and expense, the License Area in good and satisfactory condition as acceptable to LICENSOR in its commercially reasonable discretion. Prior to termination of this Agreement, LICENSEE shall restore the License Area, as much as reasonably practicable, to the condition it existed prior to entry into this Agreement. In the event LICENSEE does not maintain or restore the License Area as required by this Agreement, LICENSEE authorizes LICENSOR to perform such maintenance or restoration on LICENSEE'S behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within thirty (30) days of billing. 10. ACCESS. LICENSOR grants permission to the LICENSEE and its authorized employees, agents, and contractors to enter LICENSOE'S property while escorted, in order to locate, install, inspect, test, operate, maintain, and remove the equipment provided for in this Agreement; provided that proper advance arrangements are made by the LICENSOR by the LICENSEE. LICENSEE'S exercise of such rights shall not cause undue inconvenience to LICENSOR. All of LICENSEE'S operations under this Agreement shall comply with all ordinances, regulations, and laws. 11. CONTROL OF EQUIPMENT. LICENSEE shall keep any equipment used or brought onto the License Area under its absolute and complete control at all times and said equipment shall be used on the License Area at the sole risk of LICENSEE. LICENSEE shall ensure radio frequency interference does not occur. Radio frequency interference caused or created by radio equipment owned, operated or maintained by the LICENSEE shall be considered an immediate threat to public safety and shall be immediately resolved by the LICENSEE. The LICENSEE will license and manage frequencies assigned to them in accordance with the FCC regulations. Upon request, the LICENSEE agrees to provide the LICENSOR copies of all frequency licenses issued by the National Telecommunications and Information Administration (NTIA), or the FCC, authorization operation of the radio equipment. If not resolved within twenty-four (24) hours, the LICENSOR may remove the equipment at LICENSEE'S sole expense and cost. 12. INDEPI:NDENI' CONTRACTOR. LICENSEE agrees that all work done or undertaken by it on the License Area shall be for its sole account and not as an agent, servant or contractor for LICENSOR. 4 13. HAZARDOUS SUBSTANCE. LICENSEE represents and warrants that it will not place, store, generate, use, release or deposit any hazardous substance on the License Area. LICENSEE further agrees to clean-up and remediate any hazardous substance on the License Area that is caused by LICENSEE, and hold LICENSOR harmless from and indemnity LICENSOR against any release of such hazardous substance caused by LICENSEE and any damage, loss, or expense or liability resulting from such release, including all attomeys' fees, costs and penalties incurred as a result thereof; provided, however, the foregoing indemnity shall not apply or relate to the discovery of any facts or pre-existing conditions in, on or under the License Area, including but not limited to those caused by LICENSOR, or any diminution of or impact on valuations of all or any portion of the License Area. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar tern by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness,death or disease. 14. DEFAULT. If LICENSEE uses the License Area for any purpose not expressly authorized by this Agreement or fails to act in accordance with the terms and conditions of this Agreement, if such default is not corrected within thirty (30) days after written notice thereof from LICENSOR to LICENSEE, LICENSOR may terminate this Agreement and prevent LICENSEE from using or remaining upon the License Area unless the nature of such compliance is such that it would reasonably take longer than thirty (30) days to comply, then no default shall occur so long as LICENSEE, commences a correction within the thirty (30) day period and diligently pursues such correction until completion. 15. NO ASSIGNMENT. LICENSEE agrees that the License granted herein shall be personal to it and that it shall not assign or permit any third party to avail itself of any of the privileges granted hereunder, without the express written permission of LICENSOR. 16. NO TITLE., INTEREST. No title interest of any kind is hereby given and LICENSEE shall never assert any claim or title to the License Area. 17. NOTICES. All notices given hereunder shall be effective when personally 5 delivered or if mailed, within forty eight (48) hours of the deposit of such notice in the U.S. Mail, postage prepaid, and certified with return receipt requested and addressed to LICENSOR or to LICENSEE at the respective addresses shown below: LICENSOR: City of Huntington Beach Attn: Fire Department 2000 Main Street Huntington Beach, CA 92648 LICENSEE: Bolsa Chica Conservancy Attn: Patrick Brenden 3842 Warner Avenue Huntington Beach, CA 92649 18. NO DISCRIMINATION. LICENSEE agrees that in performance of this Agreement and in the use of the License Area authorized hereunder, it will not engage in, nor permit its officers, agents or employees to engage in, any discrimination or discriminatory practices against any person based on race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. 19. ATTORNEY'S FEES. In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attomey's fees. The prevailing party shall not be entitled to recover its attorney's fees. 20. COMPLIANCE WITH CONTROLLING LAW. LICENSEE shall comply with Lill laws, ordinances, regulations, permits and policies of the federal, state and local govemments applicable to this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of California. 21. NO PARTNERSHIP. Nothing contained in this Agreement shall be construed to mean that LICENSEE and LICENSOR are joint venturers or partners. 22. CAPTIONS. Captions and headings of the different articles contained herein are solely for the convenience of reference and are not to be considered parts, provisions or interpretations of this Agreement. 23. EXHIBITS. All exhibit(s) attached hereto are incorporated herein by reference. 6 24. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. SIGNATORIES. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify LICENSOR fully for any injuries or damages to LICENSOR in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, executed by both parties, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers one ."ivi fly o20�1 LICENSEE: LICENSOR: BOLSA CHICA CONSERVANCY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California /�6cz/i�k Bra nde n print ITS: [title] Mayor By: t name Clerk ITS: [title] INITIATED AND APPROVED: REVIEWED AND APPROVED: Fire Chief City Administrator APPROVED AS TO FORM: COUNTERPART City Attorney 7 24. COUNTERPARTS, This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. SIGNATORIES. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify LICENSOR fully for any injuries or damages to LICENSOR in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, executed by both parties, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers oni��/ 20�/. LICENSEE: LICENSOR: CITY OF HUNTINGTON BEACH, a BOLSA CHICA CONSERVANCY municipal corporation of the State of California By: print name Mayor ITS: [title] By: print name City Clerk ITS: [title] REV EWED AND APPROVED: INITIATED AND APPROVED City Manager Fire Chief APPROVED AS TO FORM: N.n'City Attorney CO"TERPART 24. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 25. SIGNATORIES. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify LICENSOR fully for any injuries or damages to LICENSOR in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. ENTIRETY. This Agreement contains the entire agreement between the parties. This Agreement shall be modified only by a subsequent written amendment, executed by both parties, as may be mutually agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on LICENSEE: LICENSOR: CITY OF HUNTINGTON BEACH, a BOLSA CHICA CONSERVANCY municipal corporation of the State of Calif print name Mayor ITS: [title] By: print name City Clerk ITS: [title] REVIEWED AND APPROVED: MITIATED AND APPROVED City Manager Fire Chief APPROVED AS TO FORM: COUNTERPART L' A t ity Attorney 7 qEJ �� BOLSCHI-0'IELEWIS CERTIFICATE OF LIABILITY INSURANCE �9/1512021 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED,the polcy(las)must have ADDITIONAL INSURED provisions or be Endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy,cartel.policies may require an endorsement A statement on this certificate does not confer rl his W the certificate holder In lieu of such endorsement(s). PRODUCER License 6 OC3686i = M:r Edye Lewis Chandlty-Alllant Ins Svc Ina PNoae FAX 453E Walney Rd Ste 200 IAAC N. E.nl:(703)797.0977 iAIO,N.1: Chantilly,VA 20151-2285 �1 A� ,edye.IeWls@aIIIant com WS RERSIAPFORCINOCQVERAOE NAIC0 .INSURER !Fade ral Insurance Com an 120281 NSUREo INSURERS: The Boise Chica Conservancy INSURER 3842 Warner Avo Huntington Beach,CA 92649 I I 6-. WSURER P: COVERAGES CERTIFIC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVAMSTANOING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH MIS CERTIFR'.ATE MAY BE ISSUED OR MAY PERTAIN, ME INSURANCE AFFORDED BY ME POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR tYPe OG M W RMlC6 ADEL1115D SUO° A%JCY NUMBER LW rS A X '!CONMERCML O@IERAL LIAdIJtt CH CCCU REf E 1,000,000 L-, Msa w F�xl tccuR X 135351711 10M712020 10/17/2021 TO RENTED 1,000,000 P aeon 10,000 H_ PERSONALA INJURY IS 1,000,000 I�YL ADGR Ut4T AP S PER: 2,000,000 X I Pout ' I Lot r - uP ADD is Included JET QT-e R A :.NJT GAE u4mury I CaArURIN DSINGLE uLST I s _ 1,000,000 -- ANYAUro 1 5351711 1011712020 10/17/2021 I90011Y INJURY fP•r P•nanl I.WwWgqfppo��soNLY A ..ppoIIuAALHHE�Eo SOMY Y •n .—x{MIrOS ONLY (X ANROIONC� ( PER AAGE s _ I s � I U>feREW WB OCCUR IEXCE R NC 1 ICED SSREIENilON1 LIAQ ClALM4* II iCfiREDI.T s E1� S WORKERSCOIAPENSA.ON O W O EMPLOYERS'WSM wY�IICCPRCPRIEiOpIpePAftnrEWIXELUIVE YfNI 0 I r L FAQf ACC�):rL �NNMatoryln NPJI EXCLUCED> C NIA y1 u m.euulo•n4v 1'HIC E.CATES N -- O SCRIP. Y IMIT 1 CITY OF HUNTINGTON BEACfI I I EESO"P.ON OF DReR.AnON9I UDCAnDlU I VeNICLEB (ACORD 101.AUBUD.A R•marlu srN.eAe.may e•ac.m•4 V.w,R aww h n ukvA City of Huntington Beach Is included as an Additional Insured on the General L IBM llry.Additional Insured endorsement YdlI follow. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE OAHCELLED BEFORE Gry or Huntington Beach THE EXPIRATION DATE ACCORDA CE WIM THE POUCY PROVISIONS. WILL BE DELIVERED IN Attn:Allison Esquetini(Risk Management) 2000 Main Street Huntington Beach,CA 9264Z "THOR¢sE RseResENrAme ACORD 25(2016103) p 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE 11urcODrAYYY1 CERTIFICATE OF LIABILITY INSURANCE 09/152021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certll'i does not confer fl hta to the cerdticate holder in lieu of such endarsemenl s. PRODUCER CONTACT NAME AUTOMATIC DATA PROCESSING INS AGCY 762SG875 PHONE (8OC)524-7021 FAX (800)5244013 i ADP BLVD MIS 625 luc,Ha EA: (A,C,Hop ROSELAND NJ 07068 elaAIL AOOREss: INSUReRS)AFFORDING COVERAGE NAICJI wsURERA: Property and Casualty Insurance Company of Hartford 34690 INSUREo INSURER e BOLSA CH ICA CONSERVANCY INSORERC: 3842 WARNER AVE HUNTINGTON BEACH CA 92649-4,263 FEE D: INSURER 6: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD WOICATEONOTMTHSTANOING ANY.REQUIREMENT,TERM OR CONDITION OF AHY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR fAAY PERTAIN, THE INSURANCE AFFORDED BY THE PCUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS Me OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLIO =TS CONNEROAL GEM ERAL LU®UTY EACH CCtt R ENCE CWNSIUDE❑CCCIIH ANA , RENTED NED FJtP(A,rp 4M pHfdrrl PERSONAL J.AW INURY GENE nGOREGATE UNIT APPIES PER' GENERAL AGGREGATE POL.GY❑PEC ❑LOC PRODUCTS-COMPIOP AGG OILER: AUfONp81LE W®IITY COMINNeD SINGLE LIMIT M. ANY AUTO BOOBY INJURY[AN Paaon( ALLONN6o SCNEOGLEO AUTOS AUTOS EOOILY INJURY fPv acc'swl HIP.EO NCN.0y 110 I P hR Y ALU AUTCE AUTOS Paracederel UMBRELLA LIAR EACH OCCURRENCE EXCESS LIAR CWMS. AGGREGATE MADE RETENTAN S Y'ORNE"COWENSATION X PER OTH7 AND ELIPLOYERA'LIAMUTY ANY YIN EL EACH ACCIDENT A $1.000,000 A PROPRIETORIPARTNEA IEX110YINe MIA 76 WEG AH6UP7 10101(2020 IOM-It2021 CFFICERAIEMBER E =MO'I EL O6EASEU EM0.0Y6E $1,000.000 (Mfn]Llory 41 N1e d m wsaa.wa. E1 ISSFASE POUC„LIMN $1.000.000 oEswvraN OF OReRATIGNS ILOCATIOAIS r V44CLES JACOPO lot.46dm.wl v.rks 3c v,r may"aaxhcd It mon waW b r.w) Those usual to the Inswed's Cperad". CERTIFICATE HOLDER CANCELLATION the City of Huntington Beach, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED W Officers.elected Or appointed BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED officials,employees.agents.voInteels IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 MAIN ST AtmaRDso P iMESENTATIVa HUNTINGTON BEACH CA 920A8 C..l A+GAi).5r ^� 4)1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD i C H U B B° Liability Insurance Endorsement Policy Period OCIOBER 17,2020 TO OCTOBER 17,2021 Effective Date SEPTEMBER 15,2021 Policy Number 3535-17-11ECE Insured THE BOLSA CHICA CONSERVANCY Name of Company FEDERAL INSURANCE COMPANY Date Issued SEPTEMBER 21,2021 This Endorsement applies to the following fonts: GEN RALLIABB.STY Under Who Is An Insured,the following provision is added. Who Is An Insured Additional Insured- Persons or organizations shown In the Schedule are insureds;but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as Is afforded by Or Organization this policy. However,the person or organization is an Insured only: • if and then only to the extent the person or organization is described 1n the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insumd; • for activities that did not occur,in whole or in part,before the execution of the contract or agrcomeut;and • with respect to damages,loss,cost or expense for Injury or damage to which this insurance applies. No person or organiudon is an insured under this provision: • that is more specifically Idendfled under any other provision of the Who Is An Insured section(regardless of any limitation applicable thereto). • with respect to any assumption of liability(of another person or organization)by them in a contractor agreement.This limitation does not apply to the Iability,for damages,loss,cost or expense for injury or damage,to which this insurance applies,that the person or orgartimdon would have In the absence of such contract or agreement. Ilebl6ry lneurenae AddlUmal hewed-Sahedu'ed Person Or Crgonlzatlon conrtnued Form 60-02-2367(Rev.5,07) Endareomont Poge I CHUE3B• Liability Endorsement (continued) Under Conditions,the following provision Is added to the condition titled Other Insurance. Conditions Other Insurance— If you are obligated,pursuant to a contractor agreement,to provide the person or organization Primary, Noncontributory shown In the Schedule with primary insurance such as is afforded by this policy,then in such rase Insurance—Scheduled this durance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization, Schedule COUNTY OF'ORANGE COUNTY PROPERTY PERMITS, PO BOX 404.8 SANTA ANA,CA 92702-4048 THE COUNTY OF ORANGE,ORANGE COUNTY FLOOD DISTRICT AND THE STATE OF CALIFORNIA PO BOX 4048 SANTA ANA,CA 92702 COUNTY OF ORANGE OC PARKS PERMTTS 13042 OLD MYFORD ROAD IRVINE,CA 92602 DURATION: 10/18/16 TO 12/31/21 SCOPE:RESTORATION PROJECT PALOS VERDES PENINSULA UNIFIED SCHOOL.DISTRICT 5500IRONWOOD ST RANCHO PALOS VERDES,CA 90275 TIIE ORANGE COUNTY TRANSPORTATION AUTHORri'Y ITS OFFICERS,DIRECTORS,EMPLOYEES AND AGENTS P.O.BOX 20270 LONG BEACH,CA 90801 PACIFIC AIRSHOW,LLC AND TIS SUCCESSORS AND ASSIGNS A.T.I.M. 5901 ENGINEER DRIVE HUNTINGTON BEACH,CA 92649 CITY OF HUNTINGTON BEACH AND ITS ELECTED AND/OR APPOINTED OFFICIALS,AGENTS,OFFICERS,EMPLOYEES,AND VOLUNTEERS 2000 MAIN STREET HUNCINGTON BEACH,CA 92649 SEE FORM 2373 Uablgty Insurance Addttlonal lnsurad-Scheduled Person Or Organotedon cnnlfnuad Form 60-02-2367(nev.5,07) Endorsement Page 2 C H U B B' Liability Insurance Endorsement Policy Period OCTOBER 17,2020 TO OCTOBER 17,2021 Effective Date SEP'lUABER 15,2021 Policy Number 3535-17-11ECB Insured THE BOLSA CHICA CONSERVANCY Name of Company FEDERAL INSURANCE COMPANY Date Issued SEPTEMBER 21,2021 This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured,the following provision is added. Who Is An Insured Additional Insured- Persons or organizations shown in the Schedule are Insureds;but they are insureds only if you arc Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as Is afforded by Or Organization this policy. However,the person or organization is an Insured only: • If and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an Insured; • for activities that did not occur,in whole or in part,before the execution of the contract or agreement;and • with respect to damages,loss,cost or expense for injury or damage to which this insurance applies. No person or organization is an Insured under this provision: • that Is more specifically Identified under any other provision of the Who Is An Insured section(regardless of any limitation applicable thereto). • with respect to my assumption of liability(of anther pawn or organization)by them in a contract or agreement.This limitation does act apply to the liabilty for damages,loss,cost or expense for Injury or damage,to which this insurance applies,that the person or organization would have In the absence of such contract or agreement 0ablgty Insurance Addffl nal lncurod-achadUad Perron Or Organizalbn continued Form 80-02-2367(Pov.6-07) Endorsomml Pago r CHUBS' Liability Endorsement (continued) Under Conditions,the following provision is added to the condition tided Other Insurance. Conditions Other insurance- If you are obligated,pursuant to a contract or agrccmcmt to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as Is afforded by this policy,then in such case Insurance-Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule CITY OF HUNTINGTON BEACH ATTN:ALIdSON ESQUE TINI(RISK MANAGF.ME2,M 2000 MAIN STREET HUNCINGTON BEACH,CA 92648 All other terns and conditions remain unchanged Authorfzod RopravantalNo Llabllfty lnauranca AdMonellasured-Schadulod Person Or Organitaden lserpags Form 6"2.2367(Rov,5.07) Endomemsnt Pege 2 City of Huntington Beach . " 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ Nv%Niv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 7, 2021 Bolsa Chica Conservancy Attn: Patrick Brenden 3842 Warner Avenue Huntington Beach, CA 92649 Dear Mr. Brenden: Enclosed is a fully executed copy of the "License Agreement By and Between the City of Huntington Beach and Bolsa Chica Conservancy" approved by the Huntington Beach City Council on September 21, 2021. Sincerely, q4�Qfadj� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand