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HomeMy WebLinkAboutKIDWORKS COMMUNITY DEVELOPMENT CORPORATION (3) - 2012INSURANCE ON FILE N-2012-Og6 WORK MAY PROCEED UNTIL INSURANCE EXPIRES f -7- /3 CLERK OF COUNCIL DATE: 6 RIGHT OF ENTRY AND LICENSE AGREEMENT THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made and entered into as of _bf day of June, 2012 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 (hereinafter referred to as the "City"), and KidWorks Community Development Corporation, a 501(c)(3) non-profit organization in the State of California (herein referred to as "Licensee"), with respect to the following: RECITAL S A. The City is the owner of that certain real property located in the City of Santa Ana, California commonly known as the City Corporate Yard, 220 S. Daisy, Santa Ana, California, referred to hereafter as the "Property" B. Licensee desires to enter onto the Property owned by the City in order to provide parking for transport vehicles delivering outdoor/off road racers for display at a neighborhood event sponsored by Licensee. C. The City wishes to accon7modate Licensee's desire to utilize the Property on a non- exclusive basis by granting a right of entry and license 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 and License. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to Licensee and its employees, agents and contractors the nonexclusive, nonassignable, personal right and license to enter upon the Property to park flatbed trucks while the vehicles that were delivered on the trucks are on display at the KidWorks neighborhood off road racer event and for no other purpose without the prior written approval of the Executive Director of Finance and Management Services Agency, or his designee. This Right of Entry shall commence at 8:00 am Saturday June 23, 2012 and terminate at 6:00pm Saturday June 23, 2012, unless extended in writing by the City's Executive Director of Finance and Management Services Agency, or his designee. 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 permit only those persons required to carry out the purpose of this License, to enter the Property. Licensee shall ensure that event participants do not enter onto the Property during the event. (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. Licensee agrees and acknowledges that nothing herein is intended, nor shall it be interpreted, as to bind the City to issue or grant any permits or entitlements needed to perform the event specified in paragraph 1 of this Agreement. (c) Licensee shall enter the Property entirely at its own cost, risk and expense. (d) Prior to exercising its right to enter 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 taintain commercial genera] liability insurance naming the the City of Santa Ana (City) its officers, etployees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and darnage to property, resulting from any act or occurrence arising out of Licensee's operations in the performance of this Agreetent, including, without liritation, 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 which shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. ii. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. Licensee shall supply City with a fully executed additional insured endorsement which shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. iii. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Licensee, if it has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to coininencing the perfonnance of the work under this Agreement, Licensee agrees to obtain and maintain any employer's liability insurance with limits not less than $1 ,000,000 per accident. iv. The following requirements apply to the insurance to be provided by Licensee pursuant to this section: • 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 during the period that Licensee is exercising rights pursuant to this Agreement. v. If Licensee fails or refuses to produce or raintain 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. (f) Licensee shall not permit any mechanics', materialn?en'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 indernify, defend and hold harmless City frorn 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 tune and frorn 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 Licensee fail, within ten (1 O) days of written request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold hannless 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 Licensee upon written detnand. (g) 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. (h) Licensee shall take all necessary precautions to prevent damage to the Property during this right of entry. If any damage to the Property occurs as a result of the acts arising from the exercise of this License and Right of Entry, Licensee shall be solely responsible for repairing such damage in conformance with all governmental requirements. 3. Indemnity. a. Licensee hereby agrees to defend, indemnify and hold harmless the City and its officers, officials, tnembers, employees, agents and representatives, 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 Licensee. 4. License Payment. Licensee shall pay a license fee of $1 .00 to the City, receipt of which by the City 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) 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. (c) Non-Liability of Public Officials. No officer, employee, member, agent or representative of the City shall be personally liable to Licensee, 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. (d) Effective Date. This Agreement shall become effective on the date of City execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. CITY OF SANTA ANA By: A M. WALTERS City anager ATTEST: By: Mana D. Huizar Clerk of the Coucil APPR VED AS TO FORM: onia Carva o City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez Executive Director - FMSA KIDWORKS COMMUNITY DEVELO NT C PORATION By: R O ACORO CERTIFICATE OF LIABIL ITY INSURANCE 06/19/20 2 PRODUCER (949) 218-0840 Global Pro ram Mana era & 2na . Srvca . Inc _ 5 J Poet O££ice Box 7119 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ca iatrano Beach CA 9 2 624-7 119 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: PHILADELPHIA INDEMNITY 18058 KidWOrlcs Community Development Corporation INSURER B:EVEREST NATIONAL 10120 1902 We Bt Chestnut Avenue INSURER C: INSURER D: Santa Ana CA 92703- INSURER E: Af]FC 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 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 MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DDKY DATE MM/DD/YY LIMITS A GENERAL LIABILITY / / / / EACH OCC URRENGE $ 1, 000, 000 N-rf Q 1 DAMAGE TO RENTED 1 0 0 0 0 0 X COMMERCIAL GENERAL LIABILITY LG V 2-?6 V PREMISES Ea occurrence , $ CLAIMS MADE ? OCCUR / / / / MED EXP An one Derson $ 5,000 PERSONALS ADV INJURY $ 1, 000, OOO PHPK BOS 758 01/07/2012 01/07/2013 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 3 , 000 , 000 X POLICY JE ? LOC / / / / AUT OMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT 1 000 000 (Ea accitlent) $ , , ANY AUTO ALL OWNED AUTOS / / / / BOOILV INJURY $ (Par par50n) SCHEDULED AUTOS X HIRED AUTOS PHPK 805 758 01/07/2012 01/07/2013 BODILY INJURY $ (Per accitlen[) X NON-OWNED AUTOS / / / / PROPERTY DAMAGE (Per accitlen[) $ GARAGE LIABILITY ?-J ?-•-? f-?-? ?? I-? AUTO ONLY-EA ACCIDENT $ ANV AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LIABILITY -" '- - / / / EACH OCCURRENCE $ ,.I C.,: ;? `u. Sy lieGdy ? OCCUR ? CLAIMS MADE AGGREGATE $ ga?t?(an.(: City Attorne $ DEDUCTIBLE / / / / $ RETENTION $ $ 8 WORKERS COMPENSATION AND 59000012671-12 02/01/2012 02 /O1 /2013 X TORY LIAMITS OER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1, 000, 000 OFFICER/MEMBER EXCLV OED? E.L. DISEASE - EA EMPLOYEE $ If yes. tlescribe untler SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 1,000,000 OTHER A PROFESSIONAL LIAH PHPK BOS 75B 01/07/2012 01/07/2013 EACH INCIDENT $1,000,000 POLICY AGGREGATE $1, DUD, DDD DESCRIPTION OF OPERATIONS/LOCATIONSAIENICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: STREET CLOSURE PERMIT 6c VSE OF CITY CORPORATE YARD FOR STAGING EVENT - JUNE 23, 2012 CITY OF SANTA ANA NAMED AS ADDITIONAL INSURED PER ATTACHED SPECIAL ENDORSEMENT IN THE EVENT OF NON-PAYMENT OF PREMIUM, ONLY TEN (10) DAYS NOTICE WILL HE GIVEN. /?COTI CI/^ATC VIII IICO rANrFI 1 OTInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ( ) - ( ) - EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 03 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT CITY OF SANTA ANA FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ATTN. RI ?uK MANAGEMENT INSURER ITS AGENTS OR REPRESENTATIVES. 20 CIVIC.' CENTER PLAZA AUTHORIZED REPRESENTATIVE Santa Ana CA 92704- ACORD 25 (200/08) ©ACORD CORPORATION 79x13 ?? INS025 (oioe).oi ELECTRONIC LASER FORMS. ING- - (800)327-0545 Page 1 of t 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 [he certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (200'1/08) ?? IN5025 (oioe).oi Page 2 of 2 ADDITIONAL INSURED ENDORSEMENT Insurance Company _Philadelphia Indemnity Insurance Company, This endorsement modifies such insurance as is afforded by the provisions of Policy #PHPK805758 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insured ("additional insured") 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 insured -EXCEPT IN THE CASE OF THE CITY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 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 insured, this insurance shall not be canceled, 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. ) POL# PHPK805758, effective 1/7/2012 to 1/7/2013 Issued to Kidworks Community Development Corporation Named Insured Countersigned by Authorized Signature