HomeMy WebLinkAboutDIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION - 2008
INSURANCE ON FILE N-2008-028
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
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~~~~~~~WU~C~ 2008 RIGHT OF ENTRY AGREEMENT
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THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as
of ~day of !u~ ,2008 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
DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION, a California
nonprofit corporation ("Licensee"), with respect to the following:
RECITALS
A. The Licensee desires to enter onto the real property owned by the City on the
corner of Borchard and Bristol Streets in the City of Santa Ana, consisting of approximately
33,562 square feet and known as Orange County Assessor's Parcel Number 109-266-17
(hereafter "the Property"), to temporarily park staff and faculty of Mater Dei High School.
B. In the past the City has licensed the Property to Mater Dei High School for such
purposes, and the parties desire to renew this situation for a short, approximately 90 day period.
C. The City through this right of entry and license will accommodate the Licensee's
desire to utilize the Property for temporary parking lot for staff and faculty 0 f Mater Dei High
School by granting a right of entry to Licensee upon certain terms and conditions.
NOW, THEREFORE, for good and valuable consideration, Licensee 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 Licensee and its employees, agents and contractors
the nonexclusive, nonassignable, personal right to enter upon the Property for temporary parking
of staff and faculty of Mater Dei High School, and for no other purposes. This Agreement shall
automatically terminate and expire June 1,2008. 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 of this Agreement, Licensee agrees for itself and on
the behalf of its employees, agents, consultants and contractors as follows:
(a) That Licensee will not permit any dangerous condition to be created on the
Property.
(b) All acts and things done by Licensee on the Property will be done in a
careful and reasonable manner, in accordance with all federal, state and local laws.
(c) Licensee shall enter the Property entirely at its own cost, risk and expense.
(d) Prior to undertaking performance of work under this Agreement, Licensee
shall maintain and shall require its subcontractors; if any, to obtain and maintain insurance as
described below:
i. Commercial General Liability Insurance. Licensee 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 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. 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 be approved in form by the City Attorney.
ii. The following requirements apply to the insurance to be provided
by Licensee pursuant to this section:
. Licensee 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.
111. If Licensee fails or refuses .to produce or maintain the insurance
required by this section or fails or refuses to furnish the City with required proofthat 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) Licensee 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. Licensee 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 Licensee 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 Licensee upon written demand.
(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.
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(g) The Licensee 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, the Licensee shall be solely responsible for 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) The Licensee shall submit to the City's Public Works Director written
verification that pursuant to its former plan, its use of the Property does not violate the City's
Waste Discharge Requirement issued by the Santa Ana Regional Water Quality Control Board or
the City's approved Drainage Area Master Plan (DAMP).
(i) The Licensee shall prepare and submit to the City's Public Works Director
(or designee) for approval a plan showing vehicular entrance and exit to the Property only from
Borchard Street. No vehicular access shall be permitted from Bristol Street.
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
attributable to the activities of Licensee 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 Licensee. Licensee recognizes and
understands that should this Agreement be deemed by the County of Orange to create a possessory
interest subject to property taxation, and that should said C~unty 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, members, employees, agents and representatives, harmless
from and against any and all such claims.
4. License Payment. Upon execution of this Agreement, Licensee shall pay to City
a license fee of $1.00, receipt of which is hereby acknowledged.
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'ofwhich together shall constitute
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one and the same instrument.
(d) Non-Liability of Public Officials. No officer, employee, member, agent
or representative ofthe City shall be personally liable to Licensee, 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
Licensee or its successor, or for any breach of any obligation ofthe terms of this Agreement.
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
-Rt-h ~~
-011 Patricia A. Hea
Clerk of the Council
y:~
~ David N. Rea
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
l' ..,('1
:~~j~~~;~~ufmand /'
Chief Assistant City Attorney
t .'
.,
RECOMMENDED FO A PROV AL:
I
(signatures continued on next pag~)
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(signatures continued from prior page)
LICENSEE:
DIOCESE OF ORANGE EDUCATION AND
WELFARE CORP ON
5
EXHIBIT A
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
At'~"" ~ ~,\, L.#r" ; to
This endorsement modifies such insurance as is afforded by the provisions of Policy
# t, 6- A-L. oOl.( 1.. 00 -:r relating to the following:
1. 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.)
Effective
Policy #
Issued to
$~oJo8
(' "1ft.. 00'17_001""
~ ~-tk.L.{
, this endorsement form as a part of
t),ol,n. or o~
Named Insured
(~J-r ~ HS)
Countersigned by
~ti
Authoriz ~presentative
6
'ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY!
03/10/08
PRODUCER 07:116293 1 4l5-5H-9300 THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION
Arthur J. Gallagher & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Brokers of California, Iuc. , License #0726293 HOLDER_ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
One Karket Plaza. Spear Tower ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
suite 200
San Francisco. CA 94105 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA ORDINARY KlJT RRG CORP 10171
Roman Ca tho li c Bishop of Orange
INSURERB:
2611 Bast Villa Real Drive N-2008-028 INSURERC:
Orange, CA 92613 INSURERD:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOlWlTHSTANDlNG
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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 ~~ TY .- -- I"A"-' NC~ POLICY NUMBER POLICY EFFECTIVE POLICY EXPlRA~I.?N LIMITS
LTR
A ~ERAL LIABIUTY CGAL0042007 07/01/07 07/01/08 EACH OCCURRENCE $1.000.000
X OMERCIAL GENERAL LIABILITY I =\t;is lEa cx:curencel $ 50.000
- CLAIMS MADE 0 OCCUR
- MED EXP (Any OM person) $5.000
- PERSONAL & mv INJURY $1.000.000
- GENERAL AGGREGATE $ 2.000.000
~'lAGG~En LIMIT ^7ilPER: PRODUCTS, COMP/a:> AGG $2.000.000
POLICY ~g: X LOC
~TOMOBILE LIABILITY .
COMBINED SINGLE LIMIT $
ANY AUTO (Ea ac:ddenl)
-
I--- AlL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per per.lOn)
I---
I--- HIRED AUTOS BOOfL Y INJURY
(P...acddent) $
I--- NON-O'M'lED AUTOS
- PROPERTY DAMAGE $
(Per accldenl)
~GELlABlLlTY AUTO ONLY - EAACClDENT $
ANY AUTO . OTHERlHAN EA ACC $
AUTO ONLY: AGG $
DESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I ~T~,1~;, I IOJbl'
EMPLOY~RS' LIABILITY E.LEACHACCIDEIIIT $
ANY PROI'RIETORIPARTNERlEXECUTIVE
OFFICERlMEMBER EXQUDED? E.L DISEASE - EA EMPLOYEE $
~~CI~~R~~r~~NS below E.L DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERA liONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Kater Dei High School. 1202 West Edinger Avenue, Santa Ana. CA 92707.
As respects to use of Parking Lot by Faculty. Staff and Students on the earner of West Borchard Ave. and Bristol St.
from March 10, 2008 to June 3D, 2008.
City of Santa Ana is Additional Insured only where contracts requires as per attached endorsement form CG2026 1185.
COVERAGES
CERTIFICATE HOLDER
CANCELLATION *Ten Day Notice for Non-Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ OAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 60 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENT A TlVE
.~\ 7/ ., '
/f~')r-"~-' 7;' {~/~olI,-
City of Santa Ana
C/o City Managers Office
Attn: Becky Magallon
POBox 1988
20 Civic Center Dr.
Santa Ana, CA 92702
USA
...'"
.IJ
@ACORDCORPORATION1988
ACORD 25 (2001/08) manusan
8287541
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 (2001/08)
POLICY NUMBER: CGAL0042007
COMMERCIAL GENERAL LIABILITY
CG 20 26 11 85
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZA TION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Santa Ana
Clo City Managers Office
POBox 1988
20 Civic Center Dr.
Santa Ana, CA 92702
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
USA
APPROVED AS TO FORM
'l
CG 20 26 11 85
Copyright, Insurance Services Office, Inc., 1984