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Home My WebLink AboutGRAIN PROJECT 1A-2006 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1'-1.:<.-07 CLERK OF COUNCIL DATE5-1-~ N-2005-041-01 0: Cf\-O ffi. ~~ FIRST AMENDMENT TO RIGHT OF ENTRY AND LICENSE AGREEMENT THE GRAIN PROJECT THIS FIRST AMENDMENT TO THE RIGHT OF ENTR~ AND LICENSE AGREEMENT ("Agreement") is made and entered into as ofthis~ day of April, 2006 by and between THE CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), and THE GRAIN PROJECT, INC., a California nonprofit public benefit corporation (herein referred to as "Grain Project"), with respect to the following: RECIT ALS A. The City and the Grain Project are parties to that certain right of entry and license agreement dated April 20, 2005, City Agreement No. N-2005-041 (hereafter referred to as "the Agreement"). By its own terms, the Agreement expires no later than the one (I) year anniversary of the first Certified Farmers' Market held on the licensed real property (referred to in the Agreement and herein as "the Property"). B. The Grain Project has requested, and the City has consented, to make certain amendments to the Agreement, including but not limited to extending it for an additional one (I) year term. NOW, THEREFORE, for good and valuable consideration, Grain Project and City do hereby agree as follows: I. Paragraph I of the Agreement is hereby amended as follows: a. The Grain Project is hereby authorized to operate the Certified Farmers' Market (as that term is defined under State law) on the Property each Wednesday from I :00 p.m. to 10:00 p.m., at hours of its choosing; provided, however, that the Certified Farmers' Market shall not be open after 7:00 p.m. unless the Grain Project submits and the City Manager or designee approves a lighting plan for the Property. b. The maximum term of the Agreement is hereby extended for an additional one (I) year (i.e., until the two (2) year anniversary of the initial Certified Farmers' Market being held on the Property); provided, however that notwithstanding the foregoing the Agreement shall still automatically terminate and expire sixty (60) days after written notice of expiration is provided by City Manager, which shall be given at the City Manager's sole and absolute discretion. 2. The City hereby consents to the following two (2) amendments to the Rules and Regulations approved by the County Health Department, which are attached to the Agreement as Exhibit C. a. The City consents to the addition of up to four (4) new vendors who will prepare cooked food or sell pre-prepared cooked food on the Property; provided, however, that the Grain Project shall prohibit such vendor( s) from cooking on the Property with charcoal. b. The City consents to the deletion of the word "acoustic" in Section IV(6) of the Rules and Regulations; provided, however, that Grain Project agrees to reinsert this word in the Rules and Regulations should the City Manager or designee determine in writing that the Grain Project has not properly resolved noise complaints received by the City. 3. The parties acknowledge and agree that the Grain Project is (or will be, as is noted below) provided each week with the following equipment by the City: a. Five (5) type A frame barricades. b. Five (5) foam type signs. c. Three (3) P-607 locks with keys. d. Two (2) Electrical Spider Boxes. e. Two (2) 25" electrical cords. f. Two-hundred ft. (200') of cable positioning duct, Floortrak (not yet supplied, as of the date of this First Amendment). The Grain Project agrees that it shall be responsible to remove (prior to each Farmers' Market) and replace (after each Farmers' Market) this equipment in locations approved by the City, and shall be responsible for it during this period only. The City agrees that Grain Project is not responsible for the equipment at any other time. 4. Except as expressly amended herein, each and every provision of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this First Amendment to the Agreement as of the date first set forth above. GRAIN PROJECT, INC., a California Nonprofit Public Benefit Corporation By: ~~A~~ Its: ~eLurhrF- ~I~~ 2 . ATTEST: ~ Patricia E. Healy, Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: CITY OF SANTA ANA, a Charter City By: A ~~. f,. David N. earn, City Manager 3 ApI. ~9. 2006 9:48AM No 6363 P 2 ACORD CERTIFICATE OF LIABILITY INSURANCE I DAre -------,", - T" 0411 9/2006 f"RODUCER Schweickert & Cumpany THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION v ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3090 Brislol Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 160 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Costa Mc~a CA 92626 INSURERS AFFORDING COVERAGE .... ...- .... __"'n___ INSURED The Gram Project INSlJRER A ~ericnn Allernl1livc Insurance Company .. P.O. Box 572 INSURER B' u_. . .'..---.- Sanra Ana CA 92702 lN$URF:R c; ..... . INSURER 0 .- I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT DR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIes OESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF" SUCH POLICIES. AGGREGATE liMITS StfOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R TYPE OF INSURAN E POLICY NUMBeR POLICY EFFfCTlVE POUCY (XPIRAll0N LIMITS A 9ENERAl UA81UTY 0179859T...KR COMMERCIAL GCNEi~ 11lA9111TY Includes Non Owned Auto CLAIMS MADE ~ OCCUR Coverase 04/12/2006 04112/2007 EACI-l_Oj;<2y'RRfNCE S FIRE DAMAGE M one r..!!L.. S ~.I=n EXP AA Or'lll r&on S PERSONAL & ADv INJURY GENEAAL AGCREGA'lc. PROillJ~S : COMPfOP M',,(; S 1,000,000 300,00_0 Excluded I,OO.Q,OOO 2.000 000 .1,000,000 GENL ^GGREG4n: liMIT APPllES~R PRO. loe AltTOUOBILE UAB1L1TY ANY....UTO Afl OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.oWNED AUTOS COMBINED $INGLF lIMIT (Efllccichtnl) , BODIi.Y INJURY (PerPlf'8on) , 800JI v INJURV (Per8CClclenl) , PROPERTY DAMAGE {t>er.cctdentJ , GARAGE LIABILITY ANY AUTO AUTO O_Nl,~_,I;A, ACCIDENT , fAACC _L , AGG OTHER THAN ^lfTO ONLY: EXCESS lIABlUT'l' OCCUR U C~IMS MADE EACH OCCURRENCE AGGA~~!Y= -.- , _ _1._.. , DEDUClIBLt: RETENTION ""ORKERS CONPENSA TlON ANQ EMPLOYERS' LI....81UTY OTH- OTHER C L OI$I:Asr;; - FA ~~Pl.O~~.S E L DISEASE - POLICY LIMIT )ESCRIPTlON OF OPERA TIONS/LOC... TIONSlVENICLE6/EXCWSlONS A.DOED BY ENDORSEMENTISPECIAl PROVISIONS be City of S.nla An., 20 Civic Center Plaza, Sanla An., California 92701; its officers, employees, agenls, vOlunle"r> .",1 L'PrcscntatJvc~ are named as additional insu.red~ with regard to habilJty and defense of SUilS arising from I11c (lpcratlOm; and ISC~ perlonned by or on behalf of lhe n2lmcd ins,ured: The City of Santa An:'! X A.OOITIONAL. INSURED' INSURE pJll'1\OV"ED 1>5 ~ CANCELLATION ;ERTlFICATE HOLDER 20 CiviL Ccnlc:r P'luza SHOULD ANY O~ THIO AAOVE DESCRIBED POL.ICIES BE CANCEL.LED BEfORE THE EXPIRATION 30 An; THEREOf" THE ISSUING INSURER WILL ENDfAVQR TO MAIL _ DAV; WRIT"TEN NOnCE TO THE C"RTIFICATE tlOLDE~ Ill_ED TO THE LEfT BUT fAILURE TO DO SO SKAU IMPOSE NO OBLlGAnON OR UAI!IILlTY OF ANY KIND UPON TJolE INSURER, ITIi AGEPlrs OR. REPRESENTATIVES. AUTNORIZI!.D REPAE'&ENT...TIW(. Sanl..1 Ana .CORO 25-5 (7/97) @ACORDCORPORATlON 1988