HomeMy WebLinkAboutRANCHO COMMUNITY COLLEGE 3 -2002
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~SURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRE
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CLERK OF COUNCIL
DATE: q /dl. '? I o~
N-2002-133
RIGHT OF ENTRY AGREEMENT
0'2-
THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as
of~ day of September, 2002 by and between the CITY OF SANTA ANA, a charter city
duly organized under the Constitution and laws of the State of Cali fomi a (the "City"), and
RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, a California community
college district (the "District"), with respect to the following:
RECITALS
A. The District is negotiating a purchase agreement with the City to establish a
Digital Media Arts Incubator 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 southwest comer of South Bristol and Wilshire Streets, APN's 109-275-21,
109-275-15, 109-275-20 and 109-275-24, 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.
C. The City wishes to accommodate the District's desire to utilize the Property for
surveying and geotechnical soil testing 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 ofthe 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
geotechnical soils testing, 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 ofthis Agreement, District agrees for itself and on the
behalf of its employees, agents, consultants and contractors as follows:
(a) That District will not permit any dangerous condition to be created on the
Property.
(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 ofthis 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.
lll. 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.
2
(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 ofthe 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
$1.00.
5. Miscellaneous.
(a) Choice of Law. This Agreement is to be governed by, and construed in
accordance with, the laws of the State of California.
(b) Remedies. Either party shall, in addition to all other rights provided
herein or as may be provided by law, be entitled to the remedies of specific performance and
injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary
in this Agreement. All rights and remedies under this Agreement are cumulative and no one of
them shall be exclusive of any other, and each party shall have the right to pursue anyone or all
of such rights and remedies or any other remedy which may be provided by law, whether or not
stated in this Agreement, except to the extent expressly provided to the contrary in this
Agreement.
(c) Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same instrument.
(d) Non-Liability of Public Officials. No officer, employee, member, agent
or representative of the City shall be personally liable to District, or any successor in interest, in
the event of any default or breach by the City, or for any amount which may become due to
District or its successor, or for any breach of any obligation of the terms of this Agreement.
3
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
date first set forth above.
CITY:
ATTEST:
CITY OF SANTA ANA
Patricia A. Healy
Clerk of the Council
By:
a ~1'-~
.' ~""A0 ',~ ~---
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
RECOMMENDED FOR APPROVAL:
John . eekstin
Exe tive Director
Community Development Agency
(signatures continued on next page)
4
(signatures continued from prior page)
DISTRICT:
RANCHO SANTIAGO COMMUNITY
COLLEGE DISTRICT
BY:~~~~2A~
It's: VICE'. vc;:u),,.. FI$ SolnWl'€5
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PSOMAS
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LEGAL DESCRIPTION
EXHIBIT "A"
Lots 88 through 93, inclusive, of Tract No. 1574, in the City of Santa Ana, County of
Orange, State of California, as shown on the map filed in Book 47, Page 18 of
Miscellaneous Maps, records of said County.
Except the easterly 35 feet of said Lots 88 through 93.
Also except the westerly 75 feet of said Lots 92 and 93.
Containing 52. 679 square feet /1.2094 acres, more or less.
This legal description is not intended to be used in the conveyance of land in violation of
the subdivision map act ofthe State of California.
See Exhibit "B" attached hereto and made a part hereof.
7J;p~o~,ft,
Daniel J. McCroskey, P.L.S. 7098
Registration Expires 12/31/02
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TRACT NO. 1574, M.M. 47 I 18.
Exhi bit B JOB ZOtv'?O I 1006
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Page 2 of 2
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:
I. 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.)
, this endorsement form as a part of
Effective
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
7
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Sent By:
9-27-02;12:16PM;,sccd/faclllty
plann
;7147963912
#
2/
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ASCIP Joint Powers Authorityj
562 403 4644;
Sep-27.0211:50AMj
Page 2/3
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Rancho Santiago Community College District
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Thi.l!videna: ofCovm,e Is usecl as . _fer of lnforlllatiQII only &lid COIIfm DO riIhts upon the C'.ertitic... Holder, nu. Evid...... of Coverage
""'" no< amend...-. or 1Il.cr the co.qe affordod by the memoranda IislaI below.
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City of Santa Ana
Attn: John Reekstin
20 CiVic Center Plaza
P; Q.box 1988
Santa Ana, CA 92702
. ,""""'~
Thi. i. 10 certify thai tho AI1iIllCO of SChoo!.li>r'Coop<rati... InJurancc Programs (ASCIP) Memol2rldum of Co on ioe1mn"" 1I01Cd below
ha.. been Issued .., lJJe Co.ered PIInY'~.e for rhe l'Criod ;n"'~.'" NotwiIIulaoding lID)' ""Iairemon~ IomI. Of cor1dition of any COllll8ol
or olber document with _poel to whidl'ibi. IMd:nc< of Com-aic may be used nr may penaln. the """.....0$ affot<lcd by the Memorandum of
Co.eraaes dO!Cribed IlereIn lln; subjO(t to all the ll!rTRs, excl~sions. and COIldiliO/Jl of &ach M~ of Coven,ps.
~~:~~~_:=~{\},:~t.{:f ::t:~.~~~~;~~~J~~~~:~;:,:Z~:r~~~~:.:i ~;~ ~\~t.)~\~~~:2~';.'r;~~W~}
General Liability
S J ,000,000 Combined Single Limit Per OccUJl'OllCe
ShooId any of the above eo.eroge. for !he Co.ol'011 Party be chan~.d or withdrawn prior to the oxpiraliOll dale Issued above, ASCIP willlllllil 30
day. written notlco Co Ihe Certificate Holder. If YOll have lIAy question.. <:onract;
..:,:...,..v""............
M!. Paula Chu TlllJ&UaY. Chi<!l' Adminislroli.. Officer
ASCI P . 12150 Conrer COUll Dri.e . Sulre 220 . Cerrito<. CA 90103
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('62) 403-4640
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Autiwlizect Representative:
Pate Issued: 9.18..02 Revised 9.26.02
: _.._.,.}.'~.:;;.
. ASCIP i. aJoinl pewe... ...Ulority pwolWlt to Article I (c"nunoneing wilh ScctiOll6S(0) of Cbopter S of Division 7 of1'l[le I oClIle Government
Code llIIU Soclioos 39603 BOd 81603 ofllle l:!<IUCatiOll Code.
Rev 5.97
77-02103- 34C
.
1/..\ lIIance of Schools for Cooperative Insurance Programs
12:150 CtnEeT Corun Drwe-, ,Sj,hol! 220, c.m~. CA 510703 (5:62) <f(U....ttS40
)
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9_27_0Z;1Z:16PM;rsccd/faClllt,/
plann
;714796~912
#
3/
3
;ent By: ASCI? Jo1nt Powe~s Autho~1tYj
562 403 4644;
Sep-27-0211:51AMj
Page 3/3
....
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District: Rancho Santiago Community College District
Endorsement No.
77.02I03.34A
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City of Santa ADa lIIld its offic..... elDployees. agentx,
vclunleerS and reptcaeIWIliVCl
As mpects Ria/U ofEnIIy ~
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Tho coverage provided to !he Covered Party is hereby exlelldod by Ibis ondolSell1Cllt to 1M Addilional Covm:<! Pony IllIlIled above in
a=JCdoncc with lhe provislOllS contained In the Mmnorandum of Cowrago (MOC). The coverage extended hereby applies only willi
respect to liability arising ollt of ""tivitios in the Description of Opontiom. Vobicle. at Property 1IOl<d above. II is intended by
ASCIP in imIiDg this ondor&enleDt 10 defencl and/or indemDlfy lbe AddiIllllJal Co-.:d Pany iD rc:spects to the ""tivity ciled above.
In i"uing rhis endorsement, ASCIP intends and agree& to exlelld covelagO purslUUll to the tenns and conditlons of th. MOC to the
Additioaal Covezad PlUty IIlImflC! .bove only to the CX~DI that the AddIIlOllllI Coveted Party facos liability Arisin& oul or claims.
demands, or Jawsulls claiming money damages on ao=ount of bodily Injury or pmpen.y damage as delincd and limitod in lbe ASCIP
MOC The limits of liability exlended to lIIe Additional Covered ParlY listed above is S'I,(IOO.OOO per OCCUll= for liability.
With rospecllo claims ..ising out of the <>poratiollS and """P8ncy by or on behalf of the named insured. sucb m.UTllIlCe as is afforded
by this policy is prim..ry.
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Authorized RepresentaUve:
Dale Issued: 9-18-02 RIM""" 9.26-02
~
ASClI'is a joinl powelS llUlhurily punuant to Aniele 1 (colDDlellCina with Section 65(0) of Chaplcr S of Division 7 ofTltle I of the Gowmm<nt
Code and Section> 39603 and 8 [603 of tbe _tlo. ende.
Rev S197