HomeMy WebLinkAboutRANCHO COMMUNITY COLLEGE DISTRICT 13 -2006
N-2006-093
INSURANCE ON FILE
WORK MAY I'l'lOtWJ
UNTIL INSUAAI'I(;l;Ii!I!'flES
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elERK C~ (X)JrIC I \...
DATE: 9-12-0'
0. PH/A (2)
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RIGHT OF ENTRY AGREEMENT
,. ,,[HIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as
of ~ day of August, 2006 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 RANCHO
SANTI A..O COMMUITY COLLEGE DISTlUCT, a California Community College as
de1ined in the California Education Code ("Licensee"), with respect to the following:
RECITALS
A. The Licensee desires to enter onto the real property owned hy the City on the
corner of Borchard and Rristo\ Streets in the City of Sanla Ana, Calitornia, consisting of
approximately 33,562 square feet and known as Orange County Assessor's Parcel Number
109-266- ] 7 (hereafter "the Property"), to temporarily park staff and lacully or Licensee's Digital
Media Center, localed at ] 300 South Bristol in Santa Ana.
fl. The City currently authorizes staff and faculty of Mater Dei High School to use
this property for temporary overflow parking 011 certain days.
C. The City wishcs to accommodate the Licensee's desire to utilize the Property lor
temporary parking lot for staff and facully or Licensee's Digital Media Center by granting a non-
exclusive right of entry to Licensee upon certain terms and conditions, subject to the pre-existing
commitment to Mater Dei High School.
NOW, THEREFORE, for good and valuable consideration, Licensee and City do
hereby agree as fOllO\\/5:
L Right ufEntry. Provided that all of the terms and conditions of this Agreement
arc fully' satisfied, the City hereby grants to Licensee and its employees, agents and contractors
the nonexc.lusive, nonassignable, personal right to enter upon the Property for temporary parking
or slall and faculty of Digital Media Center, and for no other purposes. This Agreement shall
automatically terminate and expire November 30, 2006, unless earlier terminated pursuant to
terms and conditions herein. 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. Dy execution of this Agreement, Licensee agrees for itself and on
the behalf of its employees, agents, consultants and conlral:lors as follows:
(a) That Licensee \vill not permit any dangerous condition to be cn:aled un the
Property.
(b) All acts and things done by Licensee on the Property \vill bc done in a
careful and rcasonahle manner, in accordance with all Jederal, state and local laws.
(c) Licensee shall enter the Property entirely at its own cust, risk and expense.
(d) Prior to undertaking performance under this Agreement, I ,icensee shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
descrihed helm\':
j. Commerciallieneral Liability Insurance. Liccnsee 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 Licensee's
operations in tht: performance of this Agreement, including, without limitation, acts involving
vehicles. The amounts ofinslIrance 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, Licensee shall supply City with a
fully executed additional insured endorsement in substantially the form attached hereto as
Exhibit A upon execution of this Agreement and shall he approved in form by the City Allorney,
ii. The follmving requirements apply to the insurance to he provided
by Licensee pursuant to this section:
. Licensee shall maintain all insurance required above in filII force and
effect for the entire period covered by this Agreement.
. Certificates of insurance shall be furnished to the City upon execution
ofthis Agreement and shall be approved in form by the City Attorney.
. Certificates and policics shall state that the policies shall not be
canceled or redUL:ed in l;overage or changed in any other material
aspect without thirty (30) days prior written notice to the City,
111. If Licensee fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the Cily with required proof that insurance
has been prm:ured and is in force and paid for, the City shall have the right, at its election, to
fortlnvith terminate this Agreement.
(c) Licensee shall not permit any mechanics", mah:rialmen's or other liens of
any kind or nature ("Liens") to be filed or enforced against the Property in connection with this
Agreement. Licensee shall indemnily. detend 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 olher notice as fila)' be
desirabk to protect City against liability. In addition to, and not as a limitation of City's other
rights and remedies under lhis Agreement, should the Licensee fail, within ten (l0) days of
\vritten request from rity, either to discharge any Lien or to bond for any Lien, or to defend,
indemnitY, 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 slIch 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 Licensee upon written demand.
2
(f) Licensee 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 J ,icensee 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, Ifhazardous materials are imported onto the
Property, the Licensee shall be solely responsible fur removing such imported hazardous
materials in conformance with all governmental requirements. The Licensee 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.
(h) Thc Licensee shall prepare and submit to the City's Public Works Director
(or uesignee) for approval a plan to ensure that its LIse of the Property does not violate the City's
Waste Discharge Requirement issued by the Santa Ana Regional Water Quality Control Board
(Order No, R9 -2002-001) or the City's approved Drainage Area Master Plan (DAMP),
(i) The Licensee shall prepare and suhmit to the City's Public Works Director
(or designee) for approval a plan showing vehicular entrance and exit to thc Property only from
Borchard Street No vehicular access shall be permitted tram Hristol Street
(j) Licensee acknowledges and agrees that it shall not use the Property on
those times which Mater Dei High School has reserved the Property, as set forth on the Mater
Dei Reservation schedule, a true and correct copy ofwhich is attached hereto as Exhibit IJ and
incorporated herein by this reference.
3. Indemnity. Licensee 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
attributahle to the activities of Licensee or any ofils employees, agents, consultants or
contractors upon the Propeliy pursuant to this Agreement. All usc of and entry upon the
Property shall be at the sole cost, risk and expense of the Licensee. Licensee recognizes and
understands that should this Agreement be deemed by the COllnty of Orange to crcate a possessory
interest subject to property taxation, and that should said County claim that Licensee is subject to
the payment of property taxes levied on such interest, Licensee shall defend, indemnify and hold
the City and its officers, officials, memhers, employees, agents and representatives, harmless
from and against an)' ami all such claims.
4. License Payment. Upon execution of this Agreement, and the first of each
month so long as this Agreement is in effect, Licensee shall pay to City a monthly license fee of
$1.00, receipt of\vhich is hereby acknowledged.
3
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 contral)!
in this Agreement. All rights and remedies under this Agreement are cumulative and no one of
lhem shall be exclusive of any other, and each party shall have the right to purSlIC any onc or all
ofslIch rights and remedies or any other remedy which may be provided by la"v, 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 1\\'0 (2) or more
counterparts, each of which shall be deemed an original but all o/'which together shall constitute
one and the same instrument.
(d) NOll-Liability of Public Officials, No officer, employee, member, agent
or representative of the City shall be personally liable to Liccnst:e, or any successor in interest, in
the event of any default or breach by the City, or for any amollnt which may become due to
Licensee or its successor, or for any breach of any obligation of the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have entered inlu this Agreement as aUlle
date first set forth above.
CITY:
ATTEST:
CITY OF SANTA ANA
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Patricia A I-h.~~dy
Clerk of the CQuncil
By:
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David N. Ream
City M fl11ager
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(signatures continucd on ncxt page)
4
(signatures continued from prior page)
APPROVED AS TO FORM;
Joseph W. Fletcher, City Attorney
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By:
Benja~ifl Kautman
Chte~.7s.'\istant City ~ttorncy
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RECOMMENDED FOR APPROVAL;
9L //p' ~
. ~if:<~l--?1,'C/T r,o-
nm Ross, . ecutive Director ~
Public Works Agency
LICENSEE:
RANCHO SAl'lTIAGO COM"'WNITY
COLLEGE DISTRICT
j
nO.Oo.030
EXHIBIT A
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 Cenler Plaza, Santa Ana, California 9270 I; its
officers, employees, agents, volunteers and representatives arc named as additional insureds
("additional insureds") v./ith regard to liability and detense or suits arising from the operations
and uses pt:rfunned 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 polit:y is prirnar,y and is not
additional to or cuntributing 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 hrought except with respect to the company's limits ofliability.1 he inclusion of any
person or organization as an insured shall not affect any right \vhich such person or organization
\vould have as a claimant ifnot so included.
4. With respect to the additional insureds, this insurance shall n4..1t be cancelled. or
materially n:uuced in coverage or limits except after thirty (30) days \vritten notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Calitornia 92701.
(Completion of the following, including countersignature. is required lu make this
endorsement effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
"
Date
8/3 1/2006
9119/2006
9/26/2006
1011 0/2006
10/11/2006
10/18/2006
10/24/2006
10/25/2006
10/26/2006
10127/2000
EXHIBIT B
Maler Dei Reserved Times
Event
Junior/Senior Orientation
Frosh/Soph Rack-to-School Night
Junior/Senior Hack-to-School Night
Girls Yfl/ Boys WP Home Games
CSF Meeting
8th Grade Info Night
College Night
N HS Induction Ceremony
So ph FR / Boys WP Home Games
^II School Homecoming Rally
Time
7:30am - 4:00pm
5:00pm - 9:00pm
5:00pm - 9:00pm
5:00pm - 9:00pm
7:00am - 9:00am
6:00pm - IO:OOpm
6:00pm - 10:00pm
7:00am - 9:00am
5:00pm - 9:00pm
I 0:00am - 1:00pm
7
Sent By: ASCIP Joint Powers AuthoritYi
562 403 4644;
Aug-29-06 4:~~~Mj
rdgc II'
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N-JOOb-D<1.:. .
Rancho Santiago Community College District
T"'i~ Evi<lellce of Coverage j.!l useC as a matter of information only nod confm D('l rilh.... l,Ipcm Ibc CcrlirieaLe Holder. Thill Evident'#. of Coverage
doc1l nol amend, extend, or alter the coycraBe affOEded by tbf. melIWl1llUfn listed below.
.~~'. ':p~tidi
'rhi!: ilia certify that the AlIi3.DCC of Schools ror Cooperative In.!IUrance Prope.tn! (ASCIP) Memorandum Qr Coverage, on insW1UJce lil:llCd below
have been ismed to the Covered Party nanu:.d a.bo,,~ for th~ period indicated. Notwl.thsrallding any requiremr,lu... wm, OJ condition of .D.~ contract
or o.tber docUMent with nsped to whicl1lhilli Evidence (If Covmic nmy be 1,Uled or may perWn. the coverages lIfforderl by the Memorandum oJ
Covcragc~ descibal bcain lU'e subject: to aU the fenDS, exclusiolU, and cooctitiQDS of sIKh MeIrl'JrlUldum of COVenlJC:s.
City of Santa Ana
Attn: Benjamin Kaufman
Asst. City Attorney
20 Civic Center Plaza
Santa Ana, Ca92701
,',.. (.;~:,\:
General Liabilily
$1,000,000 Combin<dSingle Limit Per Oocurrence
Should atl)l of tilt abovl: coveHllCs fw Ihl;' Cnvcrcd PI:Irly he; changed or withdrawn pri'Df to the expiration dllle jll3ued ilWv~, ASClP will mall 3{)
days writwp rtOOci:. to the Certificate Holder, but failure to mail iollCh notice IIhall im(lt'lRe no obligo.tion or Ii.::r.blllty of any lcind upon ASCIP. iLl agenUl.
or repre3t':Ilttrtiv~. tc)"f)U naVe Il.IlY qUMllonl'l, contact:
M~. Paula Chl1 TlU1.f:ull~ I Ctl.iet' Rlecutive Of'fi~r
ASaP.. 12i50Cc1'\terCnurtDnve .. Suite20.s .. Cc:nilos.CA 90703 . (562)403-4640
Authori7ed Representative:
Date Issued: 8.;t9.O(i
,b-~
. ASCIP is &Jointf'Owcra aulhority purSU3fl[ to Article 1 (rommcncing with Sl:ction 65(0) of Chapw S of Divisicll 7 (I[Ti\)c: I oftht.Gove.rnment
em. ond Seetio.. 39603 an<l8t603 of ihd",,,,,,tion Code, APPROVED J\.S TO FORM
Rr,v 5-97
77-06I07.04C
.
i.'liance of SChoolsfi:lrCooperatlve Insurance Programs
. 12'~ {'~rr('.(ltl." ~,.WArIr. 10.'; Cmif/Iao..CA 9010.1 (~2)403..f6.K1
-
Sent By: ASCIP Joint Powers Authority;
562 403 4644;
Aug~28-UO Q.:Jurr;lj
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District: Rancho Santiago Community College District
Endorsement No.
77-ll6107-04A
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City of Sanlll Ana
As ""peets .R;gbt of Entry Agreement
The cove-ralt: provided \0 the CoveT~d Party is hereby extendlld by this cnd()rsement to the Additional Covered: Pan)' AamCd abov(l' in
accordance with the provisions contained in the Memorandwn of Covera'ge (MOO. The covcBle extended hereby applies only with
respect (0 lIability arising out t,>f a,cli"itie$ in the Description of Operations, Vebtole. or Propesty nOled abOve. It is .ntended by
ASCIPin luuing this cMOrscIDcnt to defend and/or indemnify tht AdditlorW COVfted Piny only if the District is solely negligent.
In iSlilUioi:; lhi:;: endorsement. ASCIP intends and agrees to CXLend coverage punWlnt to the tenm: lInd conditiOTls of tbe: MOC to the
Additional covered Party named abO'\IC only to lllc e3ttint tbl'lt the Additional Covered Party faces. liabillly ari~iRI!; ouL of e1wms.
dcmands1 or laWllW18 ctah.ning money damages. on account of bodily injlrtY -or property damage as. defined and lim.i.ted in Utt; ASCIP
MOC. The limits oflhtbility ellitended to the Additional Covered Part)' Usted above is $11000,000 per occurrence fQr 11a.bilU:y.
;kj?~
Authllrlzed RepreSentative:
Date Issued: 8-29.06
ASClP i. ajo1l11 powers ",utbotit)' putStutnt to Article I (uomrnencinl wi.th SCI;!~OJl 6~OO) of Chapkr' of DlvbiQI1 , of Tide 1 of the Government
Code and SecLiOCl 39600 aDd IH60j aftbe EdUc.atiol1 Code.
Rev jl97
..
i..mance of Schools for Cooperative Insurance Programs
127.1m C~r CAll" p.M. .~ JUS. CnricolI. CA ~<Jj ,(S&U 403...f6ofO
AUG-31-2006 THU 11:58 AM RSCCD
Sent By~ ASCIP Joint Powers AuthoritYi
To: RANCHQ SAN(lJOHN At: 17147a6~H1e
. .'
rH^ !'tV. fJ"tlC1U.JUJU
562 403 4644,
Aug-31-0610:42AMj
poge 111
..
EXHrtllT 'A
ADDITIONAL lNsuUn tNOORSEMENT
FOllliltJlr.ar ..LCENERALUA.ILITYilD;I~L f'I\.& C-
ktB("~~ /fJA~fy'f
Abc.. ( P
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Thl, endo..emem modlfl~' such insurance.. I, afforded by tho provision. Qf~
/I ., 7 ._lelatin~ to tbe followfng;
1. The City of Santa Ana, 20 Civic C~ PI""a, Santa Ana. CaMOI'l1;a 92701; lIS
oflieeJs. employees, DgCl\Is, vot""tee.. and rqn..nllllives are n.med all addltionalln$Ul'1:d$
("""c;lition.llnsuted~I') with regMd to liability 'ndd~fullSol'ofsuits .rlSlng from tb. op"...Uons
and uses !l<lTformed by Or on behalf of the named Insurod.
2. With resp<cllo el~im. arising oul of me operations.l!!l!l!LV perfunned by or on
bohalf or lho named Insurl'd. ,u~b insura_ "" is afforded by this ~.... primary and is not
additional to or contributing with any lllher Insurarteoo carried by or for the bonelit ofrht
addirional insureds.
J. Thi.lnsuranco oppli.. $ep....coly !o"acllln~ur<<l ~ealnst whom cIa;,,! is made Or
suilt. brought """"PI wllh ....peet 10 the company's limits of Iiabiljty. Th" incl~sion ofllllY
person or org.nil.alion <IS an insured ,hall "ot.ffect any right which such pcrson or organizatiOll
would h.ve.s. .l.ilnllllt ifnot 50 included_
4. With r..pect to rhe adclltiol\al insul'tds, \his insuran<;e shull ""t i.le cancelled, O(
moto:ri.Uy ..duced In cov~rage or lim;L~ .xO<:pt allt< Ihirty (30) days written notice hns bo:en
given to the City ofSlInla Ana, 20 Civic Conler PI""" Santa Ana, Calilbrni. 92701.
(Completion of"'. following, ineluding counter,denlllllre, 15 required to mak.lhis
enoots"ment .!feetive.)
Ull<ctive___._.' - 30 - of.o
........~II
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1'$1,.<1 to .----__ CA...1. r ,j
. this ~ndotSernenl (orin as a part of
COllnrors;gned by
, .z...:-h...... (l"" ~
Nam~d rn-w~
l\lIth~
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APPROVp> AS TO FORM
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DO..{)(,.030
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