HomeMy WebLinkAboutA & D COMPSERV, INC. - 2006e 2aop
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effeoU"" s_ a
Return form to the Deputy Clerk of the Council (M -30)_ Call 647 -5237 if yo have any questics' A
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Department:
Signature:
Date:
City of Santa Ana
Revised 08 -28 -06 Clerk of the Council
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N-2006-094
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as
of _ day of September, 2006 by and between the City of Santa Ana, a body corporate and
politic (hereinafter referred to as the "City"), and Mr. Haans Wong, owner of A & D Compserv,
Inc., a California corporation, which operates a Gasoline Service Station at 2721 W. Edinger
A venue, Santa Ana, California 92704 (herein referred to as "Compserv"), with respect to the
following:
RECITALS
A. The City is the owner of that certain real property located at 3000 West Edinger
Avenue, City of Santa Ana, State of California, which is commonly described as: Centennial
Regional Park, Santa Ana, California 92704 (the "Property").
B. Compserv desires to enter onto the Property owned by the City for the purpose of
making such tests, inspections, investigations, examinations, evaluations, surveys, studies, and
remediation or corrective work relating thereto or arising therefrom ("collectively, the "Tests" or
"Testing") as necessary to asses the environmental condition of the Property and remediate
contamination for which the Licensee is legally responsible.
C. The City wishes to accommodate Compserv's desire to utilize the Property on a
non-exclusive basis by granting a right of entry to Compserv upon certain terms and conditions.
NOW, THEREFORE, for good and valuable consideration, Compserv 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, as of the Effective Date of this Agreement the City hereby grants to Compserv
and its employees, agents and contractors the nonexclusive, nonassignable, personal right to
enter upon the Property to undertake such Tests or Testing, and for no other purposes without the
prior written approval ofthe Executive Director ofthe Parks and Recreation Agency. Such right
of entry shall be of limited duration, not to exceed 2 years from the Effective Date of this
Agreement, unless otherwise extended by execution of a written Amendment to this Agreement.
2. Agreement. By execution of this Agreement, Compserv agrees for itself and on
the behalf of its employees, agents, consultants and contractors as follows:
(a) It is understood and agreed that the City will undertake its best efforts to
allow Compserv access to the Property upon receiving at least 24 hours advance notice and
access shall be limited to the hours of7:00 a.m. through 5:00 p.m., Monday through Friday.
Compserv will not permit any dangerous condition or waste to be created on the Property.
Compserv will not receive or bring any additional inventory or other property onto the subject
site that is not necessary to perform the Tests or Testing contemplated in this Agreement.
(b) All acts and things done by Compserv on the Property will be done in a
careful and reasonable manner, in accordance with all federal, state and local laws.
Page 1 of6
(c) Compserv shall enter the Property entirely at its own cost, risk, and
expense.
(d) Prior to undertaking performance of work under this Agreement,
Compserv shall maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
1. Commercial General Liability Insurance. Compserv shall maintain
commercial general liability insurance naming the City of Santa Ana and
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 ofCompserv'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$I,OOO,OOO.OO per occurrence. Compserv
shall supply City with a fully executed additional insured endorsement
in substantially the form attached hereto as Exhibit A upon execution of
this Agreement and shall be approved in form by the City's General
Counsel.
11. Worker's Compensation Insurance. In accordance with the provisions
of Section 3300 of the Labor Code, Compserv, ifCompserv has any
employees, is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Compserv agrees to
obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
( e) The following requirements apply to the insurance to be provided by
Compserv pursuant to this section:
· Compserv 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's Attorneys.
· 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.
i. If Compserv 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.
Page 2 of6
(f) Compserv 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
this Agreement. Compserv shall indemnify, defend, and hold harmless the 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 reserves the right, 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
rights and remedies under this Agreement, should Compserv fail, within five (5) 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 Compserv upon written demand.
(g) Compserv 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) Compserv 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. Ifhazardous materials are imported onto the Property,
Compserv shall be solely responsible for removing such imported hazardous materials in
conformance with all governmental requirements. Compserv 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. Compserv hereby agrees to defend, indemnify and hold the City and
its respective 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 Compserv 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 Compserv.
4. License Payment. Upon final City approval of this Agreement, Compserv shall
pay to City a license fee of$500.00 payable on the date of this Agreement.
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 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 right to pursue anyone or all
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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 Compserv, 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
Compserv or its successor, or for any breach of any obligation of the terms of this Agreement.
(e) Effective Date and Duration. This Agreement shall become effective on
the date of final City approval of this Agreement, and may be terminated by the City with 8
hours notice.
Page 4 of6
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
date first set forth above.
Mr. Haans Wong, Owner of A & D Compserv,
Inc., a califor;:Z:ia c rporation
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By:
Mr. Haans Wong
Dated:
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CITYOFSWl/7
B~ f~-
David N. Ream,
City Manager, Santa Ana Parks and
Recreation Agency
Dated:
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ATTEST:
Ca.-et-Q ~
! Ratricia E. Heaiy, .-J
C) Clerk of the Council
Dated:
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APPROVED AS TO FORM:
Joseph W. Fletcher,
City Attorney
BY:
Sandoval,
enior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
~
Geraldo Mouet, Ex cutive Director
PARKS AND RE REATION AGENCY OF
THE CITY OF SANTA ANA
Page 5 of6
MAYOR
Miguel A. Pulido
MA YOR PRO TEM
Lisa Bist
COUNCIL MEMBERS
Claudia C. Alvarez
Carlos Bustamante
Alberta D. Christy
Mike Garcia
Jose Solorio
~
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CITY OF SANTA ANA
CITY MANAGER
David N. Ream
CITY ATIORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Patricia E. Healy
20 CIVIC CENTER PLAZA. P.O. BOX 1988
SANTA ANA, CALIFORNIA 92702
August 31, 2006
RECEIVED
Simon Tregurtha
Ninyo & Moore
475 Goddard
Suite 200
Irvine, CA 92618
: 2006
NINYO & MOORE
ORANGE COUNTY OFFICE
Dear Mr. Tregurtha,
In processing the approval for the monitoring well in Centennial Park site, there were
discussions concerning the impact to our park open space. The Pubic Works Agency
established an annual lease fee of $500.00 per year for the area you will be impacting.
The Right of Entry Agreement was revised by our city attorney to identify this fee. Please
sign the attached agreement to install one groundwater monitoring well site within
Centennial Park. Return the attached Right of Entry Agreement to me, along with a check
for $500.00 for the annual lease fee and the required insurance form. The City Manager
has the authority to sign this agreement as soon as it is returned to the city.
If you have any questions, please call me at (714) 571-4220.
Sincerely,
Rotn~
Administrative Services Manager
Parks, Recreation and Community Services Agency
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-mE SUM.-.' 'OF FtVEHUtlDRI:D ,DOLlARS OCJ/100 OffLY .
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DATE
09/06/2006
AMOUNT
$500.00
PAY
TO THE
ORDER
OF
City of Santa Ana
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Page I of I
Mitre-Ramirez, Norma
From: Molina-Espinoza, Carol
Sent: Wednesday, September 13,200612:11 PM
To: Gagnon, Indhira
Cc: Mitre-Ramirez, Norma
Subject: RE: Agreements
Okay thanks -
From: Gagnon, Indhira
Sent: Wednesday, September 13, 2006 11:49 AM
To: Molina-Espinoza, Carol
Cc: Sheedy, Laura
Subject: Agreements
o
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Hello,
Laura is in.
I have contacted Parks and Carla will have a new COI sent over to us from A&D Compserv. I'll send it as soon as
e get the new COI.
The amended agreement for Golden State Electric is as it should be: increase comp by $10000, but not to exceed
$10,000 during FY 06-07. I'll send it up.
Laura has the Conflict of Interest paperwork. She will make contact with you.
Thanks.
Indhira
lndhira Gagnon
Sr. Legal Management Assistant
City Attorney's Office
City of Santa Ana
714-647-5214
9/1312006