Loading...
HomeMy WebLinkAboutADVANCED MANAGEMENT 1-2003 INsuRANGL 0'1' ':"'.E DA~: //3//~ RIG~: OF ENTRY AG~EMENT N-2003-007 THIS RIGHT oF ENTRY AND LICENSE AGREEMENT ("Agreement") is made and entered into as of L3 day of January, 2003 by and between Advanced Management and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (the "City"), with respect to the following: RECITALS A. At no cost to City, Advanced Management desires to paint a wrought iron fence located on City property located between Fairview Apartment, 2701 Mc Fadden Avenue, Santa Aha, CA 92704 and 2627 West McFadden Avenue, Santa Aha, CA along the North and West property lines. B. The City desires accommodate the Advanced Management Company's desire to provide the painting services at no cost to the City by granting a right of entry and license to Advanced Management Company upon certain terms and conditions. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Right of Entry and License. a. Provided that all of the terms and conditions of this Agreement are fully satisfied, the City hereby grants to Advanced Management, its employees, agents and contractors the nonexclusive right to enter upon the property located directly adjacent to the North and West property line of 2627 West McFadden Avenue, in the City of Santa Aha, County of Orange, the McFadden Library Learning Center ("the Property") and hereby grants to Advanced Management a license for the following: Purpose: Painting the wrought iron fence in Dunn-Edwards color Sycamore Stand. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than March 31, 2003, unless extended by written agreement between the undersigned and the City. The term of this Agreement may be extended at the sole and absolute discretion of the Executive Director of the Library and the City Attorney, or their designees, for an additional period. b. It is expressly understood that this Agreement does not in any way grant or convey any fights of possession, easement or other interest in the Property and/or fixtures and/or personal property affixed to said Property to the Advanced Management Company. It is further expressly understood that any and all interest and/or fights in ownership in the paint and any property affixed to City property by Advanced Management are transferred to the City as gifts upon affixing said paint and flowers to the Property. 2. Agreement. By execution of this Agreement, Advanced Mm~agement Company agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) That Advanced Management Company will not permit any dangerous condition to be created on the Property. (b) All work done by Advanced Management Company on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local taws. All materials used pursuant to this agreement must be approved in advance by the Library Director. (c) Advanced Management Company shall enter the Property entirely at its own cost, risk and expense. (d) The rights herein granted to Advanced Management Company, are exclusive, and the Advanced Management Company agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written approval of the undersigned. (e) Prior to undertaking performance of work under this Agreement, Advanced Management Company shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: i. Commercial General Liability Insurance. Advanced Management Company shall maintain commercial general liability insurance naming the City, their respective 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 Advanced Management Company's operations in the performance of this Agreement, inclucVlng, 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 per occurrence. Advanced Management Company shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B 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 Advanced Management Company pursuant to this section: · Advanced Management Company 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. iii. If Advanced Management Company 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 their election, to forthwith terminate this Agreement. (f) Advanced Management Company 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 the painting or the rod iron fence and/or planting of the nine (9) bougainville. Advanced Management Company 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 reserve the fight, 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 fights and remedies under this Agreement, should the Advanced Management Company 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 Advanced Management Company upon written demand. (g) Advanced Management Company 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. (h) The Advanced Management Company 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 the painting and planting. If hazardous materials are imported onto the Property as a result of the painting and planting, the Advanced Management Company shall be solely responsible for removing such imported hazardous materials in conformance with all governmental requirements. The Advanced Management Company 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. 3. Indemnity. Advanced Management Company hereby agrees to defend, indemnify and hold the City and their 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 Advanced Management Company or any of its employees, agents, consultants or contractors upon the North and West property line of 2627 West McFadden Avenue, Santa Ana, CA 92704 pursuant to this Agreement. All use of and entry upon the North and West property line of 2627 West McFadden Avenue, Santa Ana, CA 92704 shall be at the sole cost, risk and expense of the Advanced Management Company. 4. 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 fight to pursue any one 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 Advanced Management Company, 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 Advanced Management Company or its successor, or for any breach of any obligation of the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. P-ATRICIA E. HEALY Clerk of the Council DA~ID-N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Michael Vigliotta " :I Deputy City Attorney APPROVED AS TO CONTENT: Library Director Advanced Managenllent Company ~)uane Karchner 03/07/2003 12:29 PILOT PAINTING CNST -~ +949S9S5901 NO. 190 EXPiLB1X B ~LDDITION^L INSURED ENT)ORSEMENT FOR COMMERCiAL GENEP, AL LiABILITY POLICY 'Ihi, endor*ernent modi£tes such insuranc~ as is af£orded by the provision~ of Policy # ~/> 16;,'O/~'-/ ~ rela[ing to the following: 1. The Cir. y of S~ma A.aa, 20 Civic Center Plaza, Santa ,,Mia, California 92701 officer~, emplayee*, agent*, vol~teem ~d r~resenmt~ .,es ~e named a~ additional ins~eds ("addihon~ in~m.~ds") ~i~ r~g~d m liability ~,~ def~e of ~uits a~si~g ~om ~he opera~ion~ ~ld us~s p~Ib~cd by or on behalf of ~he n~od insured. 2, With re,pact %0 claim, m-i¢in~ out of ~h¢ oper&tions and us~ p~r£oi'med by or on behalf of ~k¢ m~%ed insured, s~t¢]! in~anc¢ as i~ aftbrded by this polfcy is prim~ and is nol add¢ionM insureds. 3. Th~s inaurance applie~ separately to each in*ured agai~xat ~,hom claim i~ made or sui~ is l)rou-~ni except v,';[h r~sp¢ct to the ¢~.mpmay's limi~ ofllabilify. The fnelu.~ion of any p.*mon m orgardzation ~s aa i~tsured shall not affbct any riRli: which such pemon or orgmaizarion would have a~ a c!aimm~r ifnol so included. wid~ teepee', to the addidotmJ msm-eds, [his insurance shall nor be cancelled, or ma*eH'ally reduced in coverag~ or lira£ts ¢.xcepI after thirty (30) day_q written notice has been given to the City of Santa .'~%a. 20 Civic Cente'r Pla~*, Smxra Aha, Califom,-'a 92701. (Complefior~ or,he followh~$, including eountersignalt~re, i~ required ~o make this endor-~em~.~m effective.) Deputy City Altorncy Received ~ar-OT-2003 ll:32am From-?14 22g+sgog TO-ADVANCED Pale 002 19;06 PILOT PRINTIN6 CNgT a +94959559BI NO. 198 06/09/02 06/09/02 ' CF_..RT~FmAI'; HOLDE.R. ATTN: DU~ K. 03/0G/200~ i?:OG PILOT PRINTING CNST -~ .mg49595590~. NO. POLICY NUMBER: RP 101018-I COMMEI~CIAL GENERAL LIABILITY · Fi.~ ~NDOI~.BMENT CHANGES THE ~OLICY, PLEAs~ RE~O IT C~NEFULLY. ADDITIONAL INSURED - OWNEES, LESSEES OR CONT~CTOR8 (FORM B) ~OHEDULE Name of Pecan or Organization: ADVANCED MANAGEMENT COMPANY ~2g74 EL TORO ROAD LAKE FOREST. CA 92630 Location at' Coverecl OperafJons: FAJRVIEW APARTMENTS THE Clll' OF SANTA ARA ZO CiViC CENTER PI..~ZA ~ANTA ANAa ~.,A 92701 (if no entry appears above, informaCeo requireCl [o comptete this endorsement will be &howe *n tl~e Oeclarat[0n$ as ;p¢llcaDle [o ~h[s endorsement.) in the ~c~d~l~, bu~ only WJt~ res~ct [o liabili[y ~rising out of "ygur work" for thnt in~ured by ~ far you. PRZB4AKY WORDING sMown ~;~all be primary insurance and any o[her Insurance mainlined by tho addfUon~l insured shal! be excess an~ tqdrl"COrll:ribu~ry. CG 2010 11 ~5