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HomeMy WebLinkAboutKIDWORKS COMMUNITY DEVELOPMENT CORPORATION (14)INSURANCE ON FILE N- 2015 -136 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL LICENSE AGREEMENT DATE: This LICENSE AGREEMENT ("Agreement") is dated as of August 2015, and p�,p,�lntered into by and between CITY OF SANTA ANA, a California municipal corporation �}"� ( "City"), and the KIDWORKS COMMUNITY DEVELOPMENT CORPORATION, a 501(c) (3) non - profit organization in the State of California ( "Licensee "). RECITALS A. The City is the owner of that certain real property known as the City Corporate Yard located at 220 S. Daisy Ave., Santa Ana, CA, 92701 ( "Property "). B. Licensee desires to use the City Corporate Yard parking lot ( "License Area ") for purposes of "parking" vehicles during the Licensee's hosting of KidWorks Latino Leaders Reception event on August 25, 2015. C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. D. On August 25, 2015, Licensee will be hosting A KidWorks Latino Leaders Reception. They will be partnering with the Latino Business and Legal community of Orange County to make their constituents aware of KidWorks mission and vision and to meet our new Executive Director, David Benavides. The event is a partnership between the Orange County Hispanic Chamber of Commerce, Orange County Hispanic Bar Association, National Hispanic Businesswomen's Association and the Hispanic 100. The event is expected to be attended by 50 to 100 guests. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. The City hereby grants to Licensee a license to the non - exclusive use of the License Area on August 25, 2015, for the purpose described in Recital B, upon the terms and conditions set forth herein ( "License "), subject to Licensee's performance of all of its obligations under this Agreement. This License shall commence at 6:30 a.m. and terminate at 10:30 p.m. on August 25, 2015, unless extended in writing by the Executive Director of Finance and Management Services Agency, or his designee. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. 2. Clean Up. Licensee shall, after use of the License Area; leave the License Area in a neat and clean condition to the reasonable satisfaction of the City, free of trash and debris, and Licensee shall remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 1 of 3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Damage. In the event that Licensee damages any portion of the License Area or Property or the improvements or equipment therein, Licensee shall immediately repair the damage. Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 5. Licensee Parties. Licensee, together with its employees, agents, representatives, and all persons entering the License Area and any other portion of the Property, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 6. Fee. Licensee shall pay to City NO FEE for the use of the License Area. 7. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 8. 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 Parties use of the license area, 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 and $2,000,000 in the aggregate. Such insurance 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 insured's provisions. 2of4 9. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ( "Covered Parties ") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or any portion of the Property or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnity shall not be a condition precedent to the duty to defend. The provisions of this Section 9 shall survive the termination or expiration of this Agreement. 10. Miscellaneous. 10.1 Entire Agreement, Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 10.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 10.3 No Assignment. Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 10.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 10.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 10.6 Authori . The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and 3 of 4 deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 10.7 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY OF 5ANT A ANA, a C,.alifornia LICENSEE: KIDWORKS COMMUNITY DEVELOPMENT CORPORATION, a DAVID CA AZOS Californ 1 (c)( corporation City Manager By: l ATTEST: n Its: C/}'%ommul✓(G{( a MARIA HUIZAR City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney AV JOSE SAN 0.LAL hief Assistant City At orney RECOMMENDED FO APPROVAL k-A 3 /N1 FRANCISCO GUTIERREZ Executive Director of Finance and Management Agency 4 of 4 OP ID: AL Acr�_° ° CERTIFICATE OF LIABILITY INSURANCE DAT02117115 ) 02117115 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS. CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requiro an endorsement. A statement on this cortiflcato does not confer rights to the cortiflcato holder In liou of such ondorsement 6 . PRODUCER 020.943 -2200 CONTACT Angola Love Narver Insurance 641 W. Las Tunas Drive 026. 299.1010 PO 60%1609 San Gabriel, CA 91776 Robert Molinaro p "o "E --— ° °-' °' °° all 026. 943.2225 FAX Ner 626.2991010 npo Gs• • alovo@narver.com 3, PRODUCER CUSTOMER I :KIDWO.1 EACH OCCURRENCE ,3 INSUREHHu APPORDING COVERAGE NAIC4 $ 100,000 INSURED KidWorks Community Development INSURER A I Philadelphia lRemaraty lne. 16056 Corporation 1902 West Chestnut Avenue INSURER E ; Evomst Nallonal Insurance 10120 01107110 Santa Ana, CA 92703 -4304 INSURER c INSURER O: INSURER a: 3 TNy— 5,000 INSURER COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ry ILTR TYPE OF INSURANCE ADOL BOER POLICY NUMBER MMIDI DYE 61N��(YW LIMIT? GENERAL LIABILITY EACH OCCURRENCE ,3 1,000,000 p EM E "a uc•t " r $ 100,000 A X COMMERCIAL GENERAL LIABILFY PHPK12841M 01107/15 01107110 CLAIMS-MADE 1XI OCCUR MF_D EXP (Any one ep r4nn)T 3 TNy— 5,000 PERSONAL B ADV INJURY S 1,000,000 GENERALAGGREGATE Is 3,000,000 GENE AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG Ll 3,000,000 X POLICY Q Z-?T F7 LOG $ AS TOMOMLRUADILITY COMBINED SINGLE LIMIT •S 1,000,000 X ANYAUTO F HPKI284134 07/07115 07107110 (Ea eccldenp BODILY INJURY (Per person) ALLOWNEDAUTGS eODILV INJURY(Peraccldon0 $ JX SCHEDULED AUTCS PROPERTY DAMAGE • HIRE DAUTOS PIIPKI244134 01/07115 01/071/0 (Per ameldent) $ A NON- OWNEDAUrOa PHPK1284134 01/07115 01/07110 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 11000,00 AGGREGATE $ 1,000,000 A EXCESS LIAR CLAIMS-MADE PHU0.0 67501 01107115 01107116 DEDUCTIBLE ------- ... ................... ........ . —.. $ __ $ RETEN I N S 10,000 .�.- ...v,- ....W... IX WW 01191 AND EMPLDYERS'LIAOILITY ANDEMRSCOMPELIAILIT YIN TOOSL10,11 i R .......... .e ... .. 13 ANY PROPRIETOR(PARTNEREXECUTIVE 5900001267 02101/15 02/01116 :EL.EACHAOCiDBN7 $ 1,000,000 OFPICERIMEMDER EXCLUDED? in Nip NIA EL DISEASE EA EM(Mandatory PLOYCP $ 1,000,000 �aoCRIP�10 OFOPERATIONS mflw I E,L. DISEASE • POLICY LIMIT $ 1,000,000 A Professional PtIPK12E4134 01!07115 01107fl6 !Per Clalm 1,000,000: Liability I Aggragate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORO 101, Additional Remarks Sahedula, If mare space Is required) Subject to all policy terms conditions and exclusions. 10 days notice of cancellation in the event o non- paymeat of premium. City of Santa Me named as additional insured as rospacta General Liability Form# CG 20 26 04 13 per written contract or agreement CERTIFICATE HOLDER CANCELLATION 01086.200A t118 L11AAIJ 1UINUtrl9ervod. ACORD 25 (2009109) The ACORD name and logo are registered marks of A Laura A, Rossini Senior A5SiSrnnI Citll Att .. �, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City f Santa Ana y THE EXPIRYfION DATE THEREOF,. NOTICE WILL BE DELIVERED IN ACCOROANCE WITH TI'IE POLICY PROVISIQNS, Attn: Risk Management 20 Civic, Center Plaza Santa Ana, CA 92704 AUTHORIZED AWREDDNTATIVE 01086.200A t118 L11AAIJ 1UINUtrl9ervod. ACORD 25 (2009109) The ACORD name and logo are registered marks of A Laura A, Rossini Senior A5SiSrnnI Citll Att .. �, POLICY NUMBER: PHPK1284134 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. t This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana, its officers, agents, employees and volunteers Information required to oom fete this Schedule, If not shown above, will be shown In the Declarations. A. Section II — Who Is An Insured Is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the Insurance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less, This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, APPROVED AS TO rORM d .trkt.v I,auraA, Rossini Senior Assistant City Attorney CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 3 of 6