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HomeMy WebLinkAboutTKO BOXING CLUB 8City of Santa Ana C, Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M -30). Call 647-6520 if you have any questions. The agreement with -7-k, � Ag U i� No- -0-00 9- was completed on and final payment has been made. Department: ppcs A- Phone /Ext.: S-DLS-L� Signature: Uva—o Date: h I,p 1 A Revised 12-07-07 INSURANCE ON FILE WORK MAY PROCEED N-2008-T 62 UN71L INSURANCE EXPIRES 10-v1-D`t - CLERK OF COUNCIL OAfiE~ AGREEMENT TO CONTRIBUTE TO COST OF TKO BOXING'5 ~~ _ P~, ks L,"~~ (y~ USE OF SCHOOL DISTRICT PROPERTY Car ~~rv.(,k;~s This agreement is made and entered into this _~_ day of December 2008, by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and TKO Boxing ("TKO Boxing"), a California Non-Profit Public Benefit Corporation located in Santa Ana, California. Recitals: A. TKO Boxing has been an important user of the Jerome Center facility for many years. In conjunction with the City, TKO Boxing has been providing recreational programs to Santa Ana youth in the sport of boxing. B. The City of Santa Ana recently began preparation for facility improvements at the Jerome Center and, as a result, TKO Boxing is no longer able to use the facilities at Jerome Center. The improvements at Jerome Center will require the vacation of the premises for approximately twelve (12) months. TKO Boxing does not have the financial wherewithal to absorb the financial burden of leasing a new interim facility for the conduct of its Boxing programs. C. TKO Boxing has entered into an arrangement with the Santa Ana Unified School District whereby it will be able to have priority use of a facility at the Carr Intermediate School site. However, the cost of the use of the School District facility is ftnancially unfeasible for TKO Boxing. D. Without financial assistance, TKO Boxing will be forced to shut down its Boxing Program for almost a year or until the Jerome Center renovations are completed. E. The closing of TKO Boxing will result in a tremendous void for youth in the community who have relied on TKO Boxing to further their boxing skills and/or as an outlet for further recreation. The services provided by TKO Boxing are important to the City and it is important that these services continue uninterrupted. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. CITY FUNDING, SCOPE AND LIMITS 1. Upon approval of this agreement by the parties, the City will agree to cover the cost of TKO Boxing to use the facilities at Carr Intermediate School. The maximum cost that the City will pay in this regard is $1500.00 per month, up to twelve months. 12/18/2008 Page 1 of4 2. The parties agree that the City will only pay for the cost for the use of the facility at Can Intermediate School and that the maximum number of months that the City agrees to pay is twelve (12) months, or less, if the Jerome Center improvements are completed sooner. 3. The City will pay the cost for use of the facilities at Carr Intermediate School directly to the School District only. 4. TKO Boxing represents that it will be invoiced monthly by the School District and that it will forward invoices received from the School District immediately to the City so that payment can be made to the School District in a timely manner. The City has no obligation to pay the District until it receives an invoice from TKO Boxing. 5. By agreeing to pay for the cost of the use of the facilities as described herein, the City in no way is assuming any liability for maintenance, repair, injuries or any other event or incident that may occur at the facilities at Carr Intermediate School. II. INDEMNIFICATION TKO Boxing agrees to indemnify and hold harmless the City, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. III. NOTICES All notices, statements, demands, requests, consents, approvals, authorizations, appointments, or designations hereunder by either party to the other shall be in writing and shall be deemed given and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage prepaid, addressed as follows: If to CITY: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council And City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: City Attorney 12/18!2008 Page 2 of 4 If to TKO Boxing: Mary Lara, Director TKO Youth Foundation PMB 143 3337 S. Bristol Santa Ana, CA 92704 (949)509-4208 mhlaza(a~downeysavings.com Attn: Mary Lara A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IV. NRISDICTION This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. V. ENTIRE AGREEMENT This AGREEMENT sets forth the entire understanding between the parties with respect to the City's contribution for TKO Boxing's use of the facilities at the Carr Intermediate School site. VI. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to the Santa Ana School District or any subcontractors or any member of the public provided services hereunder. 12/18/2008 Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. "TKO Boxing" The "City" City of Santa Ana A Charter City/ By: ~i f John Raya By: der, TKO Youth Boxing David N. Re City Manager Approved as to Form: $y: /~(' f~a7~ ~~ Jose Sandoval Managing Senior Assistant City Attorney AT PATRIC/A E. H LY CLERK OF THE COl/NClL 12/18/2008 Page 4 of Q American speClalLy 1V/L/LUVLS 0: 44: U'/ nor YA(iC: 1/ UU'L 1''aX server t0f01/2008 GtKI IrWNI C t/r H~.wr`r.....~ THIS CERTIFICATE IB 158 LIED AS A NATTER OF INFORMATION PRODUCER ONLY AND CONFERS HO IOGHT6 UPON THE CERTIFICATE N HE L Amedcan Spedally insuroncB & Rink Services, ino ICY BELOW PO ALTER TH! COVERAGE AFFORDED tiY T 142 North Maln Street Roanoke Indiana 48783 INSURERS AFFORDING COVERAGE INSURED Inc dale USA Badng ateur Bating t A INS.A A%13 Insurance Cgmoanv . ac m United Sla INS. B: One Olyrtplc Plaza INS. C: Cobrodo Springs. CO 80909 TKO BOXING CLUB 726 5 CENTER STREET SANTA ANA. CA 92702 CERT NUMBER: 1000691586 COVERAGES IS IS TO CERTIFY THAT THE POUCIE6 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I URED NAMED A00VE FOR THE POLICY PERI O N TH THE TERMS, 5 S EJECT TO AI.L Yf16E ISSUED OR MAY PERTI AI~NETHE N&URANCE AFFORDED BY THE POGCIF~ DESCRIBED HERE H IMS O IC . ATE MA CERT F E%CLUSIONS AND CONDRION OF SUCH POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA INS PDLICY POLICY POLICY LIMITS 6000.000 LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION GeneralA ate ducts-Can I led eraBons A^Orenale _ 1000000 1,000, 0 GL AXGL0110012bOB 10/01/2008 30101/2009 Paf al arW Adve isln In I f __ 1000'000 12:01 a m 01 A 12 ~ a a m : 300 = Ines Ren[ed to You /A 1 1 t "mit An I an ExdrWatl DESCRIPTION OF OPERATIONSILOCATIONSNEHICl.E3lE%CLUSIONS ADDED BY ENDORSEMENTIBPECIAL PROVISIONS - Coverapa is etcWded for ANY martlal ens or Mek-bOSinp arJiNtles regaNless o1 whether Ihey are part of a USA Boring sanc0onetl aNvily or Uu0 acuvlN - The General LiaWlity pUbYmntalnsa Setllnavrad Rtlenllon antl lc suUJeUlc Newm dS100P00 peroxurerca and 5280.000 in aGeumulet¢d annual eg9regata ipsses The CaM1lfCeletMMef is oNy an additlona insured w71n nlspaU to Iladgly Caused 6Y 111e Mgepwlce 0191e Named Insured as per Form AX IS70aT- A-0dDOnal Insured - CenlgWlehoBers. aches are/ Ollldala. aul aldy WLLI respec! b USA 9oving sanclWwd netivll4c antl far supewlsed tlub apUrewd prarJke eM C Y 0 1 C. o 1 a and oMY wph racPeq Ip USA 6otkg Member A ka Wnp pl USA Bosinp member alNeles for USA 5013rp salxdipned acllvAba. aaeCW a Qrlooe<01. 2008 - =~3- ~_ . _ :.. CANCELLATION CERTIFICATE HOLDER ITS OFFICERS, EMPLOYEES. AGENTS. AND REPRESENTATIVES ITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES S! GANCELEO eEPORE THE , THE C 20 CNIC CENTER PLAZA EXPIPA710N GATE THEREOF. THE ISSUING rAMPANY WILL ENDEAVORTO MAIL 3D DAYS SANTA ANA. CA 92701 WRRTEN NOOCE TO THE CERTIFICATE HOLDER, BIJT FAILURE TO MAR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. lT8 AGENTS OR REPFIESFJJTATNEa AUTHORIZED REPRESE'N'~T/~A~T_NE • Y.cUS/vstii American Specialty Inswance 8 Rbk Services. Inc also conducts husglesa as A S I R B I Insurance Agency In the slate of Cai9omia nmer~can 5pecialtY 1()~L/'LUUti t3:44:U'! AM YA(ii; 'L/UU'L 1'aX Server Policy #AXGL01100120-08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY, ADDITIONAL INSURED -CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILfTY COVERAGE PART SECTION II -WHO IS AN INSURED is amended to include any Certificate Holder, itlenYdied as an additional insured on a Certificate of Insurance Issued by American Specialty Insurance & Risk Services, Insurdance & !Risk iServ ces Agencyc butt oe y fors ability arls ng out ofRtihe negligenceg of the named insured The Limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are inclusive of and not in addition to the limits of Insurance shown in the declarations. All other terms and conditions remain unchanged. AXIS 1003(02!08} Page 1 of ~ United States Amateur Boxing b. T~ term use b~ tu~iy wgmpiied wdh.ss all of A person or organ¢ation may sue us to recover on an agreed settlement or on a final judgment against an insured; but we wilt not ba liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable rxnit of insurance. An agreed aettlemeM means a settlement and release of 1ia631ity signed by us, the insured and the claimant ar the claim- ant's legal representative. 4. Otherlnsurance If other valid and collectible insurance is available to the insured for a loss we rover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. be- low applies. If this insurance {s primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with ag that other insurance by the method described inc. below. b. Excesslnsurance This insurance is excess aver. (i) mnary, excess,thconUrrgent or onhany other basis: (a) That is Fire, Extended Coverage, Buitdefs Risk, Installation Risk or similar coverage for "your work"; (b) 'That is Fire insurance [or premises ranted to you or temporedry occupied by you with permission of the owner, {e) That Is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by You with permission of the owner, or {d) If the toss adses out of the maintenance or use of aircreft, "autos" or watercraft to the extent not subject to Excluslan g. of Section I - Coverega A -.Bodily Irry'ury And Property Damage Liabridy. (2) Arty other primary insurance avagable to you covering liability for damages arising out of the premises or operations, or the products and completed apera0ons, for which you have been added as an addi- tional insured by attachment of an en- dorsement. When this insurance is excess, we wi0 have n0 duty under Coverages A or B to defend the in- sured against any "suit" if any other insurer has a duty to defend the insured against that "suit" If no other insurer defends, we wi0 undertake to do so, but we will be enfitlad to the insured's rights against all those other insurers When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, d any, that exceeds the sum of. (1) The total amount that all such other insur- ance would pay far 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 wilt share the remaining loss, 'rf any, with arty other insurance that is not described in this Excess Insurance provision and was not bought specifically to appty in excess of the Limits of Insurance shown in the Dedaretions of this Coverage Part. c. Method Of Sharing If all of the other Insurance permits contdbution by equal shares, we will follow this method else. Under this approach oath insurer con- tributes equal amounts until it has paid Nur ap- plicable I'unit of insurance or none of the loss remains, whichever comes first If any of the other insurance does not permit contribution by equal shares, we will wntdbute by limits. Under lhls method, each insurers share is based on the ratio ofgcable lpimits of limit of insurance to the total app insurance of all insurers 6. Premium Aud1t a. We will compute elf premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium onty. At the cbse of each aud'd period we will compute the earned premium for that pedod and send notice to the first Named Insured The due date for aud'R and reVospective Premiums is the date shown as the due date on the bill If the sum of the advance end audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. e. Tice first Named Insured must keep records of the information we need for premium canputa- tion, and send us copies at such Umes as we may request CG 00 01 7204 ®ISO Properties, Inc., 2003 Page 11 of 1 S ^