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RPVCCA_CC_SR_2013_11_06_G_Palos_Verdes_Half_MarathonCITY OF RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & MEMBERS F THE CITY COUNCIL JOEL ROJAS, COMMUNITY DEVEL NOVEMBER 6, 2013 AGREEMENT REGARDING THE 2013 PALOS VERDES HALF MARATHON CAROLYN LEHR, CITY MANAGER ~ Staff Coordinator: Abigail Harwell, Assistant Planner~ RECOMMENDATION Authorize the Mayor and City Clerk to sign the agreement between the City and the Kiwanis Club of Rolling Hills Estates for the staging of the 2013 Palos Verdes Half Marathon and 5K event on Saturday, November 16, 2013, and authorize the City Manager to sign any future agreements related to the Palos Verdes Half Marathon event. DISCUSSION On September 19, 2013, the Community Development Director approved a Special Use Permit (Planning Case No. ZON2013-00164) for the staging of the 2013 Palos Verdes half marathon, 5K and expo event at the Terranea Resort on Saturday, November 16, 2013. This will be the third year in a row in which the event starts and finishes at Terranea Resort. As has been done in the past, this year's approval requires as a condition (No. 1 O of the attached Exhibit "A") that the event applicants, the Kiwanis Club of Rolling Hills Estates, sign an agreement with the City which will indemnify and hold harmless the City during the event (see attachment). The City Attorney has reviewed the agreement and recommends that this agreement be signed, which will meet the required condition of approval. FISCAL IMPACT There are no fiscal impacts, as all necessary fees have been paid in conjunction with the approval of this event. G-1 Memorandum: Agreement for 2013 Palos Verdes Half Marathon November 6, 2013 Attachments: • Agreement Regarding the Palos Verdes Half-Marathon • Exhibit 'A' -Conditions of Approval for Special Use Permit (Planning Case No. ZON2013-00164) G-2 Agreement G-3 AGREEMENT REGARDING THE PALOS VERDES HALF-MARATHON This agreement ("Agreement") is made and entered into this I )day of tJcl=· 2013, by and between the Kiwanis Club of Rolling Hills Estates (the "Kiwanis Club") and the City of Rancho Palos Verdes (the "City"). The parties hereto do mutually agree as follows: I. Terminology. a. "Half-Marathon" shall refer to the Palos Verdes Half-Marathon and SK on November 16, 2013. b. "Participant" shall include anyone running or walking in the Palos Verdes Half- Marathon and SK, and anyone cheering, encouraging, or otherwise partaking in the activities ·--·-·-ass0G-i-at@tl--with,ari-s-i-13:g-011t-0f,e.F-i-n~ia©nt-t0-too-Ifa1f-Maratoon-and-5-K-. ---· --------- IL License for Use. The City grants permission for the Kiwanis Club and its officers, employees, volunteers, agents and Participants, to utilize the public property located on the map in Exhibit "A," which has been attached hereto and incorporated herein by this reference, on November lS, 2013 from 2:00 p.m. to November 16, 2013 2:00 p.m. for activities associated with or related to the Half-Marathon. Nothing in this Agreement shall be deemed to waive any permits, approvals, paperwork or fees required by the City. III. Damage. Upon written notice by the City, within ten ( 10) days of such notice, the Kiwanis Club will repair, restore or replace at its own cost, expense and risk any City property damaged, destroyed, or otherwise altered in any manner arising out of or incident to the Half- Marathon. IV. Indemnity. The Kiwanis Club shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to the Half- Marathon, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforementioned suits, actions, or other legal proceedings of any kind that may be brought or instituted against Indemnitees, the Kiwanis Club shall defend Indemnitees at the Kiwanis Club's own cost, expense and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. The Kiwanis Club shall reimburse the City, its officials, officers, employees, agents, independent contractors, and/or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Kiwanis Club's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Kiwanis Club, the City, its officials, officers, employees, agents, independent contractors, or volunteers. All duties of the Kiwanis Club under this section shall survive the termination of this Agreement. G-4 V. Insurance. The Kiwanis Club shall at all times during the term of the Agreement carry, maintain, and keep in full force and effect, a policy of public liability insurance, with a minimum limit of $3,000,000 single limit liability for each use for any and all other activities undertaken by Kiwanis Club, and its officers, employees, volunteers, agents and Participants, regarding activities associated with, arising out of, or incident to the Half-Marathon. Said policy or policies shall be issued by an insurer admitted to do business in the State of California and rated in A.M. Best's Insurance Guide with a rating of A: VII or better. VI. Re res Joel Rojas shall be the City's representative for the purposes of this Agreement. ~µ..i....:'-'-'~JL-'=""'I~,_ shall be the Kiwanis Club's representative for the purposes of this Agreement. VII. Legal Action. a. Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. b. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. VIII. Independent Contractor. The Kiwanis Club is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of the Kiwanis Club or of any of the Kiwanis Club's employees, except as herein set forth, and the Kiwanis Club is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations as the Kiwanis Club wishes except as expressly provided in this Agreement. The Kiwanis Club shall have no power to incur any debt, obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. The Kiwanis Club shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. IX. Titles. The titles used in this Agreement are for general reference only and are not part of the Agreement. X. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and the Kiwanis Club and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. XI. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the G-5 uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. XII. Third Party Rights. No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. XIII. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. XIV. Notice. Except as otherwise required by law, any notice given hereunder shall be deemed effective if in writing and personally delivered or sent by certified mail, postage prepaid, and addressed to the party at the following address: To City: Joel Rojas, Community Development Director City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To Kiwanis Club: Responsible Person .. · ... ,-,,-----"lf----'------:---,,-.----- Address: ---""""+-l~-,,,,_-""41'-"'-'---'-L...,L'"""-"'--=------$.~""'--=-- A party may change its address by giving written notice to the other party. Thereafter, any notice or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice shall be deemed effective three (3) business days after it has been deposited in the United States mail, excluding weekends and federal, state, religious, County of Los Angeles and City holidays. [Continued on next page] G-6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Dated: lo-\ S -l 3 ATTEST: CITY CLERK Kiwanis Club of Rolling Hills Estates B~u) The City of Rancho Palos Verdes, A Municipal Corporation MAYOR G-7 t: i ; ·' ( v, :. :z:z::q:rr;+ ·CALIFORNIA NOTARIAL CERTIFICATE JURAT CERTIFICATE State of California County of ADS /!-zuGt£ U .S Subscribed and sworn to (or affirmed) before me on this / ~ 7-lt.L. day of Q(!.rO fi £ ~' 20_.LJ_, by VfJff/IJ J! ~ CJ,' L t-ilf"!'h. S -, proved to me on the basis of satisfactory evidence to be the person(~ who appeared before me. 1. a a a a a a t.%R;f, 1L'!&:Jog . , . 1a Comml•"°". 1990975 i . Notary Pt.llllic -California I I · · Los Angeles County ~ ~ ,._. MyComm.ExplresOctJ1.~016I ------~----------- (Seal) Copyright 2008. Notary Academy of America. All Rights Reserved : i , . i I 1:. ;: . i,~ f ! [,,,,,,~====== '"'~"™"·™ t:""'' '"·""""··""""·"'™···""""''"'"···-'·™™™"=·="™'·""-'""'™'™'"'wmr .. mr< . .>.za>t ... 1l"n1'fT~ +rn ·=~~n~~ .~~~'I rnmma::™:.™™™·™n©~ ti~;:· za~a:u ~"-·a~~=-~~~2:~~~=~2,r G-8 Exhibit "A": Map of Public Property for Palos Verdes Half-Marathon G-9 GENERAL NOTES: 1. All WORK AND MATERIALS SHALL COMPLY WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES . LATEST EDITION. 2. THE CONTRACTOR SHALL HAVE ALL SIGNS. DELINEATORS , ANO BARRICADES PROPERLY INSTALLED PRIOR TO START OF EVENT. 3. ALL SIGNS SHALL BE REFLECTORIZED ANO STANDARD SIZE. ~. CONES WILL BE 28" MINIMUM HEIGHT. 5. All TRAFFIC CONTROL DEVICES SHALL BE KEPT IN THEIR PROPER POSITION AT All TIMES AND SHALL BE REPAIRED, REPLACED, OR CLEANED AS NECESSARY TO PRESERVE THEIR APPEARANCE AND QUALITY. 6 . PLACE R4-7a(KEEP RIGHT), W1-6(DIRECTIONAL ARROW), AND W6-3(TWO·WAY TRAFFIC ARROWS) CONE MOUNT SIGNS THROUGHTOUT DETOUR TO ASSIST MOTORISTS OF THE CORRECT LANE OF TRAVEL. 7 SHERIFFS/POLICE WILL DIRECT TRAFFIC IF NECESSARY. 6. THERE WILL BE NO INTERFERENCE WITH TRAFFIC SIGNALS OR CROSSWALKS ~~~.~~~~~ ~7' '$~=~ !( 1(;!.i"l~- 1 ~~~-0.~~rfKJft J : W.'f!"';:_~~~ I iii.~]Li -~~ -3!4 ~·l •rNClt G - 1 0 GENERAL NOTES: 1. ALL WORK AND MATERIALS SHALL COMPLY WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. LATEST EDITION. 2. THE CONTRACTOR SHALL HAVE ALL SIGNS, DELINEATORS, AND BARRICADES PROPERLY INSTALLED PRIOR TO START OF EVENT. 3. ALL SIGNS SHALL BE REFLECTORIZED AND STANDARD SIZE. 4 . CONES WILL BE 28" MINIMUM HEIGHT. 5, ALL TRAFFIC CONTROL DEVICES SHALL BE KEPT IN THEIR PROPER POSITION AT ALL TIMES AND SliALL BE REPAIRED, REPLACED, OR CLEANED AS NECESSARY TO PRESERVE THEIR APPEARANCE AND QUALITY. 6. PLACE R4-7a(KEEP RIGHT). W1~(DIRECTIONAL ARROW), AND W6-3(TWO-WAY TRAFFIC ARROWS) CONE MOUNT SIGNS THROUGHTOUT DETOUR TO ASSIST "10TORISTS OF THE CORRECT LANE OF TRAVEL. •1ERIFFSIPOLICE WILL DIRECT TRAFFIC IF NECESSARY. :HERE WILL BE NO INTERFERENCE WITH TRAFFIC SIGNALS OR CROSSWALKS. ~ ~l ~I ~ 0 <e <§>I ~ ~ c=~ ~I ~ ili1~Rlfr _,a ~-s:.< . ~;/:> ~ #(., ... -~ ?' /~°"litl<>.....,rAl1111 /··-r · :... ........... Q.D-flONtll:i .... ~(. .... ~. ~·' 'Ulll~Cll:>- 11 'NO-U--""""' -~r ~-, ~~~ A'*-'o l.l;o.1 ~·~ .,...,.c.w~ ... j.J' .a-t•=:;_, ~~r.'~-~ .. ,,. .-i..O"'-• ~ ~~?. ~~ ... ~ ~, ........ c,q...°'" , ___ -·--~ \j~~ ,-,.~. \'.O VCLUNTUR < , .... ~~r .. ~\w--..... f -..._'¥_ ... ·-~"l#'"•••,. .. 11o"" r '&.~W.V.,..,,ClrOI ~PD<ilt~.~ ~·f11 ......,..N :i...~2 " ·-.. , r · ... ¥---· ~, e l'} :;~·'"" ~¥~.·~ ''-.........,.. c.-v,...111,;-.;a1 ~' } 't:,~· --)! \ --..,,......-· .......... J \ \. ___ ,...,. ..... ..,,.,..,=....,.,..,_-J.'~ ~-==-~~ \\ .:.~. /1 / --=~ // ::?=.:=--/· Ir ... =~~~ ...._,_...:-fu. \ :J;:, '°<::.e::-.. ,.,, ) ~~~ '"~ ·~ "'":'<' .... ,._ .. .:::·.&-~;~~-~,. , ~-.~I ~c;;; ';:;~~ _)J ~ _, j I "' ·;..-~ J~~l Kf 4 ::::.·~::~~ -~~y ·~6}/ . ~/ ~=£"(< I SOUTHERN ( ··, ~ ... ~~;.:MQI ~ G - 1 1 Exhibit 'A' G-12 EXHIBIT "A" CONDITIONS OF APPROVAL SPECIAL USE PERMIT PLANNING CASE NO. ZON2013-00164 2013 PALOS VERDES HALF-MARATHON AND 5K -TERRANEA RESORT 1. Within thirty (30) days of this approval, the applicant shall submit a statement in writing that they have read, understand and agree to all the conditions of approval listed below. Failure to provide said written statement shall render this approval null and void. 2. The Community Development Director and/or Public Works Director is authorized to make minor modifications to the approved preliminary plans or any of the conditions, if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 3. The abandonment or non~use of this approval after Saturday, November 16, 2013 shall terminate the approval and any privileges granted hereunder shall become null and vold. 4. The 2013 Palos Verdes Half~Marathon and SK event will be held on Saturday, November 16, 2013, between the hours of 5:00 AM and 1 :00 PM. The Start/Finish area wiJI be held within the Pelican Cove Parking Lot, which will be closed for preparation of the event at 2:00 PM on Friday, November 15, 2013. The Expo Area will be held in the northwest corner of the Terranea Resort parking lot, located 500 feet from the Start/Finish area, and this area will be closed for event use at 2:00 PM on Friday, November 15, 2013. The Pelican Cove parking lot and Expo Area will be re-opened at 2:00 PM on Saturday, November 16, 2013. Hours of the event may not exceed the following times: Friday, November 15, 2013: 2:00 PM to 6:00 PM -Set-up for Start/Finish at Pelican Cove parking lot and for Expo on portion of Terranea parking lot and arrival of overnight security. Barricades can be delivered on November 15th at locations acceptable to the Public Works Director, no later than 8:00 PM. Saturday, November 16~ 2013: 3:00 AM -Barricade company begins to cone in preparation to close the course streets 4:00 AM -Arrival of shuttle buses at the approved parking locations and "no parking" signs shall be posted along course 5:00 AM -Traffic diverted and roads shall be closed for course set up, volunteers arrive, and parking lots shall be opened to participants 5:30 AM -Registration tables shall open G-13 6:30 AM -Roads altered to allow 2-way vehicle traffic on the landward side of Palos Verdes Dr South and Palos Verdes Dr West. Residents on seaward side of Palos Verdes Drive will have restricted access in and out of neighborhood. 6:45 AM -Terranea Way closed to traffic 7:00 AM -Start of the Half-Marathon 7:30 AM -Staff of the SK 8:00 AM -Terranea Resort entry will be opened to traffic and participants on the road between Terranea Wall and Narcissa Drive will be asked to run on the sidewalk. 10:00 AM -Course aftered to open all roads to vehicle traffic. Any remaining participants will be asked to move to the sidewalk. 2:00 PM -All equipment shall be removed from the registration and Expo sites Any changes to the established schedule of the event shall be subject to further review and approval by the Community Development Director and Public Works Director. 5. After the event, the Start/Finish area and Expo area shall be restored completely to its pre-event condition. All trash, debris, and remnants of the event shall be removed from the site no later than 2:00 PM on Saturday, November 16, 2013. All signage for the event located off ~site shall be removed no rater than 2:00 PM on Saturday, November 16, 2013. 6. No temporary lighting of any kind is approved for this event, except for lighting at the registration area between 4:00 AM and daylight on Saturday, November 16, 2013. 7. The only outdoor amplified sound that shall occur during the event shall be from the stage in the event Expo area and at the Start/Finish line. Amplified sound and all sound equipment must be directed away from residential property and towards the ocean. 8. The applicant shall provide proof of a minimum of $3,000,000.00 single limited liability insurance, to the satisfaction and approval of the City Attorney, prior to the end of the day on Thursday, October 17, 2013. 9. The applicant shall submit a certificate naming the City as additionally insured, to the satisfaction and approval of the City Attorney, on or before Thursday, October 17, 2013. 10. The applicant shall submit a signed and notarized Hold Harmless agreement covenant, to the satisfaction and approval of the City Attorney, on or before Thursday, October 17, 2013. G-14 PARKING AND SECURITY PERSONNEL 18. Parking of vehicles for the event shall include the following permitted lots: the Salvation Army property (90 or more cars), Palos Verdes Interpretive Center (not more than 100 cars), Golden Cove Shopping Center (80 cars), and City Hall Civic Center (600 cars). Terranea Resort employees shall use the Coast Guard dirt lot. Shuttling will be only provided from the City Hall Civic Center parking lot. The Promenade on the Peninsula Parking Structure can be used as additional event parking and carpool parking, upon approval from property management submitted to the City prior Thursday, October 17, 2013. 19. For parking at the City Hall Civic Center and the Palos Verdes Interpretive Center, the applicant must obtain the services of a professional parking service to stripe and manage the parking of vehicles for the entire duration of the event in accordance with the City-provided parking layout plan. Confirmation of the use of the City Hall Civic Center and Palos Verdes Interpretive Center must be approved by the City Manager's office prior to Thursday, October 17, 2013. 20. At least 2 Volunteers shall be posted at each designated parking area to assist with parking flow, with one volunteer to manage traffic and one volunteer to manage communication with the shuttles and other parking lots through the duration of the event. Deputy and volunteer hours shall coincide with the opening and closihg operating hours as defined in Condition #4 above. 21. Off~site parking on public streets for this event is strictly prohibited. 22. The applicant shall pay the total estimate of $11,424.05 for Sheriff Department services by setting up a Trust Deposit with the City submitted no later than 5:30 PM on Thursday, October 17, 2013. 23. Equipment/construction vehicles used during the event set-up and breakdown shall not be parked on City streets when not in use. 24. All coastal access trails in the area of the event and along the marathon course shall remain open throughout the duration of the event. Fifteen (15) public parking spaces within the Terranea Resort general parking lot shall remain open and available for visitors wishing to access the coastal trails during the duration of the event. 25. Approval of this Special Use Permit does not in any way cause any changes to any of the conditions of approval or mitigation measures previously adopted for the Terranea Resort and Spa project. All previously adopted conditions of approval or mitigation measures shall remain in full force and effect and are to be complied with while this event takes place. G-15 11. The applicant shall submit letters of event approval from the City of Palos Verdes Estates on or before Thursday, October 17, 2013. 12. The final Traffic Control Plan must be approved (stamped and signed) by the Public Works Director on or before Thursday, October 17, 2013. 13. The Los Angeles County Fire Department shall review and approve all staging areas for the marathon event, and proof of Fire Department approval shall be submitted to the City on or before Thursday, October 17, 2013. 14. Applicant shall mail letters to all Rancho Palos Verdes Homeowners Associations and businesses along the route, notifying them of the upcoming event and potential traffic impacts on or before Thursday, October 17, 2013. SIG.NS· 15. Subject to review and approval by the Community Development Director and/or Public Works Director, on Friday, November 8, 2013, the applicant shall install temporary signs along the course at each intersection stating "2013 Palos Verdes Half Marathon Course, Expect Traffic Delays on 11/16/13 between 5:00 AM and 10:00 AM." Said signs shall be of size and cofor that will make them clearly visible to motorists. 16. Subject to review and approval by the Community Development Director and/or Public Works Director, the applicant shall install no earlier than 4:00 AM on Saturday, November 16, 2013 temporary signs on the barricades stating "RESIDENT PARKING ONLY, NO EVENT PARKING PERMITTED" at the following intersections: Via Rivera at Hawthorne Boulevard, Palos Verdes Drive West at Rue Beaupre, Palos Verdes Drive West at Berryhill Drive and Palos Verdes Drive South at Albero Court. Said signs shall be of size and color that will make them clearly visible to motorists. Said signs shall be removed by 2:00 PM on Saturday, November 16, 2013. 17. Per the approved Traffic Control Plan, the applicant must provide three (3) changeable message signs to be in place on or before Friday, November 8, 2013 stating "SPECIAL EVENT, NOVEMBER 16, 2013, BETWEEN 5 AM & 10 AM, EXPECT DELAYS." The changeable message signs shall be located at the fOllowing locations: one sign shall be placed in the dirt area on the north side of Palos Verdes Drive South, just west of Schooner Drive, facing westbound traffic; one sign shall be placed in the median of Palos Verdes Drive West, just north of Marguerite Drive, facing southbound traffic; and one sign shall be placed in the median of Hawthorne Boulevard, east of Palos Verdes Drive West. facing westbound traffic. Such changeable message signs shall be removed by noon on Sunday, November 17, 2013. G-16 26. Failure to adhere to all of these conditions may result in the City's denial of a Special Use Permit for any such event in the future. City representatives will visit the site, before, on, and after the date of the event to verify compliance with these conditions. 27. The County Sheriffs Department or the Los Angeles County Fire Department may suspend the Special Use Permit and Special Roadway Event Permit at any time, if, in the opinion of either of the Departments, the event is significantly adversely affecting the public health and safety. 28. As determined by the City's Building Official, the applicant shall obtain a building permit for any temporary tents, if necessary. 29. One Emergency Management Teams/First Aid Station shall be provided on site foF the duration of the event, at the Start/Finish Area. 30. The applicant shall submit proof of agreement with a City approved waste hauler, verified by the Public Works Department, for trash and recycling services associated with the event Also, upon conclusion of the event, the applicant shall submit to the satisfaction of the Public Works Department the required Post- Event Solid Waste Management Worksheet. 31. If any natural habitat located on the Terranea property is damaged by the staging of the event, the property owner (Terranea Resort) is responsible for the replacement of lost habitat, to the satisfaction and approval of the Community Development Department. G-17