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HomeMy WebLinkAboutN-2003-039INSURANCE ON FILE WORK MAY PROCEED UNTIL INSyRANCE EXPIRES CLERK O/iOUNCIIJ .~T~. ~////~,~ N-2003-039 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as of ! 0 f°~ay of March, 2003 by and between the CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of California (the "City"), and SANTA ANA UNIFIED SCHOOL DISTRICT, a California unified school district (the "District"), with respect to the following: RECITALS A. The District is negotiating a purchase agreement with the City to establish a Headstart School project on Property located on South Bristol Street in the City. B. The District desires to enter onto the Property owned by the City, commonly known as 1232 through 1244 South Bristol Street, in the City of Santa Ana, California, and further identified in the legal description attached hereto as Exhibit A, and incorporated herein by this reference as though fully set forth, in order to undertake a survey and do Phase I environmental study. C. The City wishes to accommodate the District's desire to utilize the Property for surveying and testing in connection with a Phase I environmental study by granting a right of entry to District upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, District and City do hereby agree as follows: 1. Right of Entry. Provided that all of the terms and conditions of this Agreement are fully satisfied, the City hereby grants to District and its employees, agents and contractors the nonexclusive, nonassignable, personal right to enter upon the Property for surveying and soil testing needed for preparation of a Phase I environmental study, and for no other purposes without the prior written approval of the Executive Director of the Community Development Agency. This Agreement shall automatically terminate and expire ninety (90) days from the date of this Agreement, or thirty (30) days after written notice of expiration is provided by City, whichever occurs first. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in the Property. 2. Agreement. By execution of this Agreement, District agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: Property. (a) That District will not permit any dangerous condition to be created on the (b) All acts and things done by District on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) District shall enter the Property entirely at its own cost, risk and expense. (d) Prior to undertaking performance of work under this Agreement, District shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: i. Commercial General Liability Insurance. District shall maintain commercial general liability insurance naming the City and its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of District's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000.00 per occurrence. District shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. ii. The following requirements apply to the insurance to be provided by District pursuant to this section: · District shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. · Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. · Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iii. If District fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at its election, to forthwith terminate this Agreement. (e) District shall not permit any mechanics', materialmen's or other liens of any kind or nature ("Liens") to be filed or enforced against the Property in connection with this Agreement. District shall indemnify, defend and hold harmless City from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices of non-responsibility or other notice as may be desirable to protect City against liability. In addition to, and not as a limitation of City's other rights and remedies under this Agreement, should the District fail, within ten (10) days of written request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as applicable, by the District upon written demand. (f) District shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to this Agreement. (g) The District shall take all necessary precautions to prevent the import and/or release into the environment of any hazardous materials which are imported to, in, on or under the Property during this right of entry. If hazardous materials are imported onto the Property as a result of the surveying and geotechnical soil testing, the District shall be solely responsible for removing such imported hazardous materials in conformance with all governmental requirements. The District shall report to the City, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Property. 3. Indemnity. District hereby agrees to defend, indemnify and hold the City and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of District or any of its employees, agents, consultants or contractors upon the Property pursuant to this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and expense of the District. 4. License Payment. Upon execution of this Agreement, and the first of each month so long as this Agreement is in effect, District shall pay to City a monthly license fee of $1.oo. 5. Miscellaneous. (a) Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. (b) Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. (c) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. (d) Non-Liability of Public Officials. No officer, employee, member, agent or representative of the City shall be personally liable to District, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to District or its successor, or for any breach of any obligation of the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. CITY: ATTEST: CITY OF SANTA ANA Patricia A. Healy Clerk of the Council By: David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: . , ;., kau n Chi~fA~sismnt City Attorney RECOMMENDED FOR APPROVAL: E°x¢; ~/Ke eulive D~tei~or Community Development Agency (signatures continued on next page) (signatures continued from prior page) DISTRICT: SANTA ANA UNIFIED SCHOOL DISTRICT It's: Associate Superintendent, Business Services EXHIBIT A 1244 S. Bristol Street APN 109-421-22 The southerly 180.00 feet of the easterly 192.00 feet (measured at right angles from the centerlines of Wilshire Avenue and Bristol street), of the east half of Block I of the revised plat of the west tract, as shown on a map recorded in Book 1, page 13 of Miscellaneous Maps, Records of Orange County, California. Excepting therefrom the south 30.00 feet included within Tract No. 3244, as shown on a map recorded in Book 99, pages 14 and 15 of Miscellaneous Maps, Records of Orange County, California. Also excepting therefrom the east 4,744 square feet, as shown on the attached map. 1232-1234 S. Bristol APN 109-421-21 All that certain land situated in the State of California, County of Orange, City of Santa Ana, described as follows: The east 240.00 feet (measured to the center line of Bristol Street) of Block I of the revised plat of the west tract, as shown on a map recorded in Book I, page 13 of miscellaneous maps, records of Orange County, California. Excepting therefrom the north 997.00 feet Also excepting therefrom the south 180.00 feet of the east 192,00 feet (measured to the centerline of Bristol Street) Also excepting therefrom the east 4,070 square feet, as shown on the attached map. CITY S A - ENG SRO FL. Fax:71~-6~7-5655 FeO iv zuu~ EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative Santa Ana Unified School District RISK MANAGEMENT A! Mijares, Ph.D., Superintendent March 5, 2003 Lina German City of Santa Ana Re: Self-Insurance Head Start Project 1232 and 1244 S. Bristol Street Santa Ana, CA Dear Ms. German: The purpose of this letter is to advise that the Santa Ana Unified School District is legally self-insured for comprehensive general liability in the amount of $1,000,000 and auto liability in the amount of $1,000,000. Additionally the District has $14,000,000 in excess liability insurance with Schools Excess Liability Fund (SELF). It is hereby understood and agreed this insurance shall not be cancelled, limited, or non- renewed by Santa Ana Unified School District without 30 days prior written notification to you. This letter verifies that The City of Santa Ana is covered as an additional insured pursuant to the above-captioned application and agreement. If you have any questions, please call me at (714) 558-5856. Very truly yours, Eugene D. Cloughu Director of Risk Management EDC:rms 1601 E. Chestnut Avenue, Santa Ana, CA 92701-6322 (714) 558-5856 BOARD OF EDUCATION Rosemarie Avila, President · Audrey Yamagata-Noji, Ph.D., Vice President Rob Richardson, Clerk · John Palacio, Member · Sal Tinajero, Member