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Home My WebLink AboutBOND BLACKTOP-2007 , . INS. II <. W~l, ~\I'i fl','),'O c, N 2007 099 UI!TI .in'~ 111, :XP\f\Ev NON-EXCLUSIVE LICENSE AGREEMENT -- 6 -G.-Q.?.._ ~\~ \I<~~}~~~ - (2) 0: f'WA~e,! THIS LICENSE AGREEMENT ("Agreement") is made and entered into this -LL day of \i\~fl.v ~~ be". 2007, by and between the City of Santa Ana, a charter city and municipal corporation, herein referred to as "Licensor", and Bond Blacktop, a California Corporation, herein collectively referred to as "Licensee", 1. ACKNOWLEDGEMENTS A. Licensor owns the vacant lot located at the southeast corner of Walnut Avenue and Bristol Street, Santa Ana, California (APN # 008-224-18, 19, 28) ["the License Area"]. Licensor desires to license use of said Area to Licensee. B. Licensee represents that it desires a License in order to use said License Area as a storage area. 2. GRANT OF LICENSE a. Licensor grants to Licensee a personal, non-exclusive, revocable license ("License") to encroach upon the License Area as hereinabove described and shown in general in Exhibit "A," attached hereto and incorporated herein by reference, for its use as a storage area for construction material and equipment, hereafter referred to as "storage area." b, Licensee may not encroach upon the License Area for any other purpose or business, other than using it as a storage area, without obtaining Licensor's prior written consent. c. Licensor will not be held responsible for loss of or damage to, any personal property left on the License Area, or improvements made by Licensee in the License Area. d. This License is made subject and subordinate to the prior and continuing right of Licensor to use the property or the use of the public right-of-way, e. Licensee and Licensor shall have a pre-license meeting at the License Area in order to review the condition of the License Area and to confirm that all paperwork, including insurance requirements, have been met. The pre-license and move-out meetings (see Section 7 c.) shall be scheduled with Chris Carrillo at (714) 647-5059. 3. DUTIES OF LICENSEE a. In exercising these rights, Licensee must use reasonable care and may not unreasonably increase the burden on the License Area. Licensee agrees that any use it makes of the License Area as specified herein shall be affected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. b. Licensee agrees to conform to any reasonable requirements set forth by the Licensor related to the use of the License Area as a storage area set forth by the Licensor during the course of this License, c, Licensee will install a 6-foot high chain link fence with green screening around the License Area. Ingress and egress to the License Area must be off of Walnut Avenue only. Materials and supplies cannot be stacked above 6-feet high. 1 d. Any other improvements or installation will not be made by Licensee to the License Area without the written approval of the Licensor. Licensee agrees to pay all the costs of the installation, operation, maintenance, repair and removal of any improvements in the License Area. e. Licensee will maintain the License Area in a neat, clean, sanitary and safe condition, to the satisfaction of Licensor, at the sole cost and expense of the Licensee. It should be maintained in a manner consistent with community standards which will uphold the value of the property, in accordance with this Agreement, the Santa Ana Municipal Code and all other applicable local, state and federal rules, regulations and standards. f. Licensee shall be responsible for the payment of all charges in connection with utility services provided to the License Area; "utility services" shall include natural gas, electricity and sewer. g. Licensee shall not record, hypothecate, assign or attempt to record, hypothecate or assign this personal License. Any attempt by Licensee to record, hypothecate or assign this License shall automatically terminate this License Agreement and render this License void and invalid for all purposes. 4. SECURITY DEPOSIT I MONTHLY COMPENSATION a. Licensee agrees to pay to Licensor a security deposit in the amount of Two Thousand Five Hundred Dollars ($2,500.00) prior to gaining legal access to the License Area. Said security may be paid to the Agency in the form of a cashier's check. Said security deposit will be held by Licensor during the term of this Agreement and shall be returned to Licensee within thirty (30) days after termination of the term of this Agreement. Any clean-up, damages or repairs necessitated by Licensee's use of the License Area shall be paid for out of the security deposit by Licensor, with the remainder being returned to Licensee within said thirty day period. b. Licensee shall pay to Licensor monthly compensation in the amount of One Thousand Dollars ($1,000.00) per month ("Compensation") for use of the License Area, Compensation will be due on or before the fifth day of each month, payable to "The City of Santa Ana" and remitted to the address listed herein below in Section 6 - "Notices". All payments requiring prorating shall be prorated on the basis of a 30-day month. A late charge of ten percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 Y2%) interest per month shall be added for each month that payment hereunder is due but unpaid. 5. REVOCATION Licensor may revoke this License, at will, upon fifteen (15) days notice in writing to the Licensee. 6. NOTICES Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below: TO LICENSOR: City of Santa Ana Public Works Agency Attn: Souri Amirani 20 Civic Center Plaza P.O. Box 1988 (M-36) Santa Ana, CA 92702 2 Walnut D License Area SANTA 'IU , PW A a , , ...-- OIlY COUNQL Title: AGeNDA 'DATE APN# 008-224-28 Alley APN# 008-224-18 APN# 008-224-19 o ...... CJ) "C al EXHIBIT A , ~ fUB. BLACKTOP, Inc. COMPLETE ASPHALT MAINTENANCE September 7, 2007 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA. 92701 RE: Staging Area Access Dear Sir or Madam< Bond Blacktop, Inc. respectfully requests permission to modify the gate access into the staging area to allow for the ingress and egress of the truck traffic that will be utilizing the site. This work shall be performed through the City's contractor to the City's specifications. This work will be done at no cost to the city. Thank you for your consideration in this matter. Should you have any further questions, please feel free to contact me. Sincerely tCi f1{flc~ Ed Dillon Bond Blacktop, Inc. P.O. Box 616, Union City, CA 94587 Phone (510) 441-9981 Fax (510) 441-9982 Contract Lie. #746432 BONDBLACK , CERTIFICATE OF LIABILITY INSURANCE T DATE (MM/DDIYYVY) ACORDTM 8/21/2007 PRODUCER Commercial Lines - 831-431-2300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ABD Insurance & Financial Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5615 Scotts Valley Drive Scotts Valley, CA 95066 INSURERS AFFORDING COVERAGE NAIC# INSURED Bond Blacktop, Inc. INSURER A: National Fire Insurance Co.lHartford 20478 P.O. Box 616 INSURER B: Transportation Insurance Company 20494 INSURER C: Redwood Fire & Casualty Co. 11673 INSURER D: American Cas. Co, of Reading 20427 Union City, CA 94587 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 OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~ TYPE OF INSURANCE POLICY NUMBER Pc?}{~';~~~~8,w\E Pg~fl ,i,~IroiWN LIMITS LTR A ~NERAL LIABILITY 2077702038 05/06/2007 05/06/08 EACH OCCURRENCE $ 1,000,000 X 3MMERCIAL GENERAL LIABILITY ~~~~~U9~~';,~~~Qn"Q\ $ 300,000 - CLAIMS MADE 0 OCCUR - MED EXP (Anyone person) $ 5,000 X PD Ded: $2,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 n'L AGG~~E LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X j~8T LOC -..... D ~TOMOBILE LIABILITY 2077702041 ~'P ~~ ~ L 0 06/08 COMBINED SINGLE LIMIT $ ~ (Ea accident) 1,000,000 X ANY AUTO ( ~ ~ ~ ALL OWNED AUTOS ~ BODILY INJURY $ SCHEDULED AUTOS O?-C"'- (Per person) >-- ~ HIRED AUTOS \..\S~ t. S~ ~O{(\e'J BODILY INJURY ~\\'J ~ $ X NON-OWNED AUTOS (Per accident) ~ ~S\S\a(\\ ~ PROPERTY DAMAGE $ (Per accident) RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B 0ESS/UMBRELLA LIABILITY 2077702055 05/06/07 05/06/08 EACH OCCURRENCE $ 9,000,000 X OCCUR D CLAIMS MADE AGGREGATE $ 9,000,000 $ M DEDUCTIBLE $ X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND W6A36966 10/01/06 10/01/07 X WC STATU-, I IOJ~- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ 1,000.000 OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000.000 If yes, describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Santa Ana, its officers, employees, agents & volunteers shall be named as Additionallnsured(s) as respects General Liability Dnly per the attached endorsement form G-140331-A99 with respects to Location: Vacant lot @ southeast corner of Walnut Ave. & BristDI St., Santa Ana (APN #008-224-18, 19,28) *Cancellation clause is in force per the attached endorsement form G-15115-A* CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 1lfl1Oli<<lIaIlRJllX)(Ia,IL 30 DAYS WRITTEN - City of Santa Ana NOTICE TO THE CERTIFICATE HDLDER NAMED TD THE LEFT, ~~I( Public Works Agency 1~J0e4)4l5ll1lJ0111:~~~;m,:~xx 20 Civic Center Plaza ~ Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE %. ~ ACORD 25 (2001/08) 1 of 2 62694 @ ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S915260/M915043 which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "sulf' from the additional insured. 1. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. PRIMARY INSURANCE: G-140331-A99 (Ed. 10/01) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suiF if any other insurer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers, When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE, tO~ "'~ 10 ~\) ~i~O ( /l...--- c~ ~J-2.- e..1 o~ '(\e':/ " ~.";;J ,,\\ot , ,,\COI'" C\\':/ I'" ~sv:.\'3.'(\\ G-140331-A99 (Ed. 10/01) Page 2 of 2