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Home My WebLink AboutDIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION - 2010WSUHAw~~- ~- `, V~{OgK MAY Prt)t,c:.... UNTIL INSURPI'dC~ E:X~'IRE~ CLERK OF r'C~UNCI~ r iT[ ~_ ~I ' V N-2010-008 '~'C RIGHT OF ENTRY AGREEMENT d ~ ~m~ C.l`''1`_~ THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as a of ~ day of February, 2010 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, California, consisting of approximately 33,562 square feet and known as Orange County Assessor's Parcel Number 109-266-1? (hereafter "the Property"), to temporarily park event staff of Mater Dei High School, during a one day tournament to take place on February 6, 2010. B. The City wishes to accommodate the Licensee's desire to utilize the Property for temporary parking lot for event staff parking of 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 of the 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 event staff for the tournament to be sponsored by Mater Dei High School on Febnzary 6, 2010, and for no other purposes. 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. Term. The Term of this Right of Entry shall commence at 6:00 a.m. on February 6, 2010 and shall expire at 12:00 a.m. (midnight) on February 7, 2010. 3. Agreement. By execution of this Agreement, Licensee agrees for itself and on the behalf of its employees, agents, consultants, contractors and guests as folIows:. (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 which 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 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. 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 proof that 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 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. (fl 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. (g) The Licensee shall prepare and enforce a plan showing vehicular entrance and exit to the Property only from Borchard Street. No vehicular access shall be permitted from Bristol Street: 4. 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 Properly pursuant to this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and expense of the Licensee. 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 maybe provided bylaw, 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. counterparts, each of whc h shall be deemed an ong nal but all of which to ether shall one ' one and the same instrument. g statute (d) Non-Liability of Public Officials. No officer, employee, member, agent or representative of the 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 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. ATTEST: CITY OF SANTA ANA aria D. Hui By. '""---' Clerk of the ouncil David .Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ,_ By: ~.ti Lain S`heedy Assistant City Attorney DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION By ~~' Patrick Murph Presid ater Dei High School 02/05/2010 15:11 AJG ~~~ ~ 7147541°20 MATER DEI HIGH SCHL PAGE 02104 2/5/2010 2 ; 27:08 PM PAC3E 2/Of14 Fax SePVeP "'~ " C:EKTEFICATE QF LIA BILITY INSURANCE °ATE`~`'''°°'Y`'r" vROOUCCR 07464A3 i-915-596-s3o0 Art)du ~ 1 04!02/10 THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATIO r ' 6e1 agher ° Co. meureaoe Hroker• o! Calilasaiw, xaa., Liaeaee 90796493 o 9 N ONLY AND CONFf;RS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND ne > sskeE Plnca, Eipear lbvlsr euii;e 400 , EXTEND OR ALTER THE COVERAGE AFFOfZpED BY THE POIICIE5 BELOW, Ssa YraaoiReo, CA 99105 INSURED INSURERS AFFORDING COVERAGE NAIC # Romaa CsEholio laiabop o! oraape INSI,IRER A: oRDIRARY MO',I' .RRO OORP _ __ 16171 7811 Beat Pills Real Drive TINSURERB: INSURER G: Osage, C71 92863 INSURER D' COVERAGES INAUgER E: TFiE rOLICIF=S OF INSURnncE uSTt=u i3ELOW HAVE BEErv iSSUeD TO IME INSURED NnME:D ABOVt FOR THE POLICY PERIOD IrvuICATED, NOT1NITfISrnNOwC~ ANY REOUIREMENr, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENr WITH RESPECT TO WHICH TH19 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBUEC7 'f0 ALL THE TERMS, EXCLIISION3 AND CONDITIONS OF SUCH POLICIES. AC~ORL--GATE LIMITS SHOWN MAY'HAVE BEEN REDUCED BY PAID CLAIMS. A GENERAL LIABILITY S COMMERCIALOENERALUABILITY - _ OLAIMS MMF ~ OCCUR LIMIT APPLIES PER: aUTOM031LE LIABILITY ANV AUTO ALI, AWNED AUTOS SCWF_DULEDAUTDS HIRFO lu1Tf>.C NON-0WNED AUTOS AGE LIABILITY ANA AUTO CbAL6040A APPROV~;17 '96 7UM9REI_I,A I,IApII.ITV OCCUR ~ CLAIMS MADE DEOUCT~LE AND EMPLOYERS' LIABILItt ANY PROPRIETOR7PARTNERlEX000TA/E OrFIOERfMEMDER EXCLUDED? (ManEatorV In NWtl II d~.CfIfO UINJOr 6~ECIAL PRgtnSIONb Im~nw OTMIER 07/01/09 D7/D1/10 EXP SO,ODO D ADV INJURY S 1, ODO, 000 gREOATE E 4 , 000 , 000 CDMPrpP AG6 S 2 , 000 , 000 COMBINED SINGLE LIMIT (En nr~ltlenr S DODILY INJURY (Perpenenn ~ BODILY INJURY (Perneeleenl- $ PROPERTY DAMAGE (PoraodEenl_ S AUTO ONLY • EA ACCIDENT f OTHER THAN En ncc .ry AUTD ONLY; . _ _ S E,l„EACH ACCIDENT s E.L. DISEASE • EA EMPLOYEE ¢ E.LDI3EASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS /LOCATIONS ! VEWICLES / EXCLUSION5ADDED BV ENDORSEAIENT! SPECIAL PROVISIONS IlE, >lraeer Dei Higb SelSeel, 1404 KeeE Sdiager Aveaue, SaaEe Aaa, CA 92707. As ze of MesC Bosshard Ave. and HriB~ol SE. L'or SveaC Scalp Parking afu teltruary 10. SOlOatCiCYeo=LS6uIC AAg9~~oiCl1 e~>cioaz,pnez 9't~ka. emplayeea, represeaEativee sad wluaCeasa are listed sa Addit:ioaal Enaux'ed only nLere vvatreot z-egui,r4le per sttached eadoreenleat form CG2026 1185. PRZDrARYa 2t ie ,understood sad agreed thaE this iaauraaae is primazy and nay oCh~ Laeuranea maiataiope by tha >-dditiOm41 Laaurad phnll bo axoppp °T';Y ~+~ not oeaErihuElag rich Ebia iaauraaao_ City of SanEe Ann, 1Ee o!lleors, ageaEa, ®mpioyapa, rePreeeateEivee aaA velunt:eera P o Hme 1968 40 Civ10 Qe>aCea Dr. 3saea Aas, G 92704 (ZOD9101) l,I~s~o7s - - r.vf. -i-eci Dap NoCioe !ar Nos-PaymenE o! Premium SHOULD ANY OF THE ADOVE DESCRID ED PO'_ICI ES BE CANCELLE J DEFORE T11E EXPIRATION DATE TWEREOF, THE ~ WNG INSURER WILL ENDFI~VOR TO MAII. 30 ~ IIAYb WRII'fEN NOTICE i0 THE CERTIFIOATE HOLDER NAMED TO TWE LEFT, BUT FAILURE TC DO SO SWALI_ IMPOSE NO OBLKL4TION 4R LIAB11.11Y OF ANY KIND UPON THE INSURER, 1T3 AGENTS OR ALfiNOR12ED REPRESENTATIVE -~ The AGORD name and loco are registered marks o~~CORD~D CORPOI Laura ~fti;1 ~t'• _,~~'~ ;E~,SSIStBIIt ClIV A i,3rrle- TION. All rights 02/05/2010 15:11 7147541°30 MATER DEI HIGH SCHL AJG 2/5/2010 2:27:06 PM PAGE 3/004 Fax server PAGE 03/04 IMPORTANT If the CertlflCaEe holder Is an ADDITIONAL INSURED, the policy(ies^must be endorsed. A statement on this certrficate does not confer rights to the certificate holder in 1lAU of such endorsement(srl If SUBRGGAtION IS WAIVED, subject to the terms and Condltlonc of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In Ilea of such endorsem®nt(sl_i DISCLAIMER =his Certlflc~te of Insurance does not constlluta a contract between the issuing Insurer(sy1 authorized representative orproducer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afbrded by the pollrles 115ted thereon. 25 {2009/01 } . 02/05/2010 ].5:11 7147541°O0 AJ(3 MATER DEI HIGH SCHL PAGE 04/04 2/5/2010 2:27:06 PM PAGE 4/004 Fax Server POLICY NUMBER: aau,oo~o9 COMMERCIAL GFJYERAL LIABILITY CG ZO 2811 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement madlfles Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or OrBanlzatlon: CiEy of &gaaq aaq, iEe orliaese, egenta, employees, X'eDresentetiveB anE volunEeers 8 O Bmc 1988 ZO Civic CenEer Dr. Seats line, CA 9702 (If no entry appears above, inforrnation required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) Is amerxled tp include as an insured the person or organiiatlon shown in the Schedule as an Insured but only with respect b liability arising out of your operations or premises owned by or rented to you. PRIMARX: Tt is understood and agr~ccd that this insurance is insurance maintained by the Additional Insured shall be excess only d not contnbutiz~g with this insurance. CG 20 28 17 85 Copyrig~, Insurance Services OfFlce, Inc., 1984