HomeMy WebLinkAboutN-2003-039-01AMENDMENT TO RIGHT OF ENTRY AGREEMENT
THIS AMENDMENT TO RIGHT OF ENTRY AGREEMENT
("Amendment") is made and entered into as of/~tk-day ofS~e, 2003 by and between
the CITY OF SANTA ANA, a charter city duly organized under the Constitution and
laws o£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. On March 10, 2003, the City and the District entered into a right of entry
agreement ("the Original Agreement") in order to permit 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 Aha, 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 certain work.
C. The District has now requested that the City amend the Original
Agreement to permit the District to undertake other work on the Property.
C. The City wishes to accommodate the District's desire to enter upon the
Property to undertake geotechnical testing, groundwater sampling and Phase Two/PEA
(Preliminary Endangerment Act) studies.
NOW, THEREFORE, for good and valuable consideration, District and City do
hereby agree to amend the Original Agreement as follows:
D. Paragraph 1 of the Original Agreement is amended to read 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 geotechnical testing, groundwater sampling and
Phase Two/PEA (Preliminary Endangerment Act) studies, 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.
E. Paragraph 2.d.ofthe Original Agreement is amended to read as follows:
(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 commemial 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
$5,000,000.00 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.
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F. Paragraph 5 is hereby added to the Original Agreement to read as follows:
5. District Obligations.
a. The District shall take all necessary precautions to prevent
the discharge and/or release into the environment of any hazardous
materials which are in, on or under the Property during the performance of
any work undertaken pursuant to this Agreement. If hazardous materials
are imported onto Property as a result of the performance of the work
undertaken pursuant to this Agreement, District shall be solely
responsible for removing such imported hazardous materials in
conformance with all governmental requirements. The District shall
report to the Agency, in writing, as soon as possible after each incident,
any unusual or potentially important incidents with respect to the
environmental condition of the Property.
b. A true and correct copy of any and all final reports
submitted to the District relating to the presence or absence of hazardous
materials on the Property, or draft reports in the event that no final report
is submitted to the District within thirty (30) days of the District's receipt
of the draft report, shall be provided to the City's addressed to the
Executive Director of Community Development Agency, City of Santa
Ana, P.O. Box 1988, M-29, Santa Ana, CA 92702.
c. For the purposes of this Agreement, "hazardous materials"
means any substance, material, or waste which is or becomes, regulated by
the State, or the United States, including, but not limited to, any material
or substance which is (i) defined as a "hazardous waste," "extremely
hazardous waste," or "restricted hazardous waste" under Section 25115,
25117 or 25122.7, or listed pursuant to Section 25140 of the California
Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
Control Law), (ii) defined as a "hazardous substance" under Section
25316 of the California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter~Presley-Tanner Hazardous Substance Account Act), (iii)
defined as a "hazardous material," "hazardous substance," or "hazardous
waste" under Section 25501 of the California Health and Safety Code,
Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans
and Inventory), (iv) defined as a "hazardous substance" under Section
25281 of the California Health and Safety Code, Division 20, Chapter 6.7
(Underground Storage of Hazardous Substances), (v) petroleum, (vi)
friable asbestos, (vii) polychlorinated biphenyls, (viii) methyl tertiary
butyl ether, (ix) listed under Article 9 or defined as "hazardous" or
"extremely hazardous" pursuant to Article II of Title 22 of the California
Code of Regulations, Division 4, Chapter 20, (x) designated as "hazardous
substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C.
Section 1317), (xi) defined as a "hazardous waste" pursuant to Section
1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Sections
6901, et seq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous
substances" pursuant to Section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et
seq.
G. Except as expressly amended herein, the Original Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment
as of the date first set forth above.
CITY:
ATTEST:
Patric~-a A. Healy
Clerk of the Council
CITY OF SANTA ANA
Da'~id N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ,~" ,~ . ;/~/'//
Benj amin//K~ufman ;
Ch/f A?~fistant City" ~ttomey .
RECOMMENDED FOR APPROVAL:
John P/~e~ksti/~n
Exectffive Director
Community Development Agency
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(signatures continued from prior page)
DISTRICT:
SANTA ANA UNIFIED SCHOOL
DISTRICT
By: ~/
It's:
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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
Aha, 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.
EITY S R - ENG 3RD FL. Fax:714-647-5635
Feb 18 2005 1i:05 P. 01
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 Aha, 20 Civic Center Plaza, Santa Ana, Califomia 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 __Aha Unified School District
RISK MANAGEMENT Al Mijare$, Ph.D., Superintendent
March 5, 2003
Lina German
City of Santa Ana
Se!f-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. Clough//
Director of Risk Management
EDC:rms
1601 E. Chestnut Avenue, Santa Aha, CA 92701-6322 (714) 558-5856
BOARD OF EDUCATION
Rosemarie Avila, President · Audrey Yamagat~-Noji, Ph.D., Vice President
Rob Richardson, Clerk · John Palacio, Member · Sal Tinajero, Member