HomeMy WebLinkAboutLATINO HEALTH ACCESS (3) - 2008INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: `~-.~~-v~
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RIGHT OF ENTRY AND LICENSE AGREEMENT
N-2008-128
THIS RIGHT OF~NTRY AND LICENSE AGREEMENT ("Agreement") is made
and entered into as of~ ay of September, 2008 by and between THE CITY OF SANTA
ANA, a charter city duly organized under the Constitution and laws of the State of California
(hereinafter referred to as the "City"), and LATINO CENTER FOR PREVENTION AND
ACTION IN HEALTH, INC., dba LATINO HEALTH ACCESS, a California nonprofit
public benefit corporation (herein referred to as "Latino Health Access"), with respect to the
following:
RECITALS
A. The City is the owner of that certain real property known as Centennial Park in
the City of Santa Ana, California, a portion of which is described as follows:
SEE SITE PLAN AT EXHIBIT A, ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as the area to the rear of the Fire Department Training Facility
at Centennial Park, 3006 Centennial Way, Santa Ana, California
and referred to hereinafter as the "Properly")
B. Latino Health Access is a California nonprofit, public benefit corporation which
describes itself as a center created to assist with the multiple health needs of Latinos in Orange
Count.
C. Latino Health Access desires to enter onto the Property owned by the City in
order to utilize the Property as storage for two 12' x 56' trailers with a 12' deck between, which
are shown on Exhibit B to this Agreement.
D. The City wishes to accommodate Latino Health Access's desire to utilize the
Property on anon-exclusive basis by granting a right of entry and license to Latino Health
Access upon certain terms and conditions.
NOW, THEREFORE, for good and valuable consideration, Latino Health Access 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, the City hereby grants to Latino Health Access and its employees,
agents and invitees the nonexclusive, nonassignable, personal right and license to enter upon the
Property to store said two (2) trailers and the associated deck, and for no other purpose. This
Agreement shall be from "month to month" and shall automatically terminate and expire thirty
(30) days after written notice of expiration is provided by City Manager, which shall be given at
the City Manager's sole and absolute discretion. It is expressly understood that this Agreement
does not in any way whatsoever grant or convey any rights of possession, easement, equitable
servitude or other cognizable property interest in the Property.
2. Access. Latino Health Access shall have the right to access said trailers as
reasonable on Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m., excepting
federal, state or city holidays.
3. Agreement. By execution of this Agreement, Latino Health Access agrees for
itself and on the behalf of its employees, agents, consultants and contractors as follows:
(a) That Latino Health Access will not permit any dangerous condition or
waste to be created on the Property.
(b) All acts and things done by Latino Health Access on the Property will be
done in a careful and reasonable manner, in accordance with all federal, state, county and local
laws and regulations.
(c) Latino Health Access shall enter the Property entirely at its own cost, risk
and expense.
(d) Latino Health Access shall not undertake any temporary special event on
the Property, not permitted by this Agreement, unless such event is first approved in writing by
the City Manager or designee. Latino Health Access understands that the approval of a request
to undertake a temporary special event may include additional conditions imposed by the City.
(e) Prior to undertaking performance of work under this Agreement, Latino
Health Access shall obtain and maintain insurance as described below:
i. Commercial General Liability Insurance. Latino Health Access
shall maintain commercial general liability insurance naming the City of Santa Ana and its
officers, employees, agents, volunteers and representatives as additional insureds) and shall
include, but not be limited to, protection against claims azising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Latino Health Access'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 $1,000,000.00 per occurrence.
Latino Health Access shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit C upon execution of this Agreement, which
shall be approved in form by the City Attorney.
ii. The following requirements apply to the insurance to be provided
by Latino Health Access pursuant to this section:
Latino Health Access shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
Certificates of insurance shall be famished 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 aspect without thirty
(30) days prior written notice to the City.
iii. If Latino Health Access fails or refuses to produce or maintain the
insurance required by this section or fails or refuses to famish 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) Latino Health Access shall maintain the Property in a neat and clean
condition.
(g) Latino Health Access 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. Latino Health Access shall indemnify, defend and hold
harmless 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 ofnon-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 Latino Health Access
fail, within ten (10) days of written request from City, either to discharge any Lien or to bond fox
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 Latino
Health Access upon written demand.
(h) Latino Health Access 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.
(i) Latino Health Access 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, Latino Health Access shall be solely responsible for removing such imported
hazardous materials in conformance with all governmental requirements. Latino Health Access
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.
(j) At the request of the City Manager or designee, Latino Health Access
shall meet and confer with the City to review issues or matters related to its use of the Property;
provided, however, that the City shall have no obligation to request or hold a meeting prior to
exercising the rights retained by the City under this License.
4. Indemnity. Latino Health Access 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 Latino Health Access 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 Latino Health Access.
Latino Health Access recognizes and understands that should this Agreement be deemed by the
County of Orange to create a possessory interest subject to property taxation, that Latino Health
Access shall be subject to the payment of property taxes levied on such interest, and that it shall
defend, indemnify and hold the City of Santa Ana and its officers, officials, members,
employees, agents and representatives, harmless from and against any and all such claims.
5. License Payment. Latino Health Access shall pay to City a license fee of $1.00
per month, receipt of which is hereby acknowledged.
6. 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 any one or all
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 Latino Health Access, 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 Latino Health Access or its successor, or for any breach of any obligation of the
terms of this Agreement.
(e) Effective Date. This Agreement shall become effective on the date first
set forth above.
IN W1TNE5S WHEREOF, the parties hereto have entered into this Agreement as of the
date first set forth above.
LATINO CENTER FOR PREVENTION AND
ACTION IN HEALTH, INC., dba LATINO
HEALTH ACCESS, a California Nonprofit
Public Benefit Corporation
By:
America
Chief Executive Officer
CITY OF SANTA ANA, a Charter City
By: ~~
David N. Ream,
City Manager
ATTEST:
Patricia E. Healy,
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher,
City Attorney
By:
Attorney
EXHIBIT A
PLOT PLAN
(next page)
y~0~, Santa Ana Fire
FIRE Training Facility
Centennial Regional Park
22 FWY _ _
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Thomas Bros.Guide
Page 829 A-6
3006 Centennial Way
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Warner
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405
EXHIBIT B
Trailers
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") 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 insureds, 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 insureds.
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 insureds, this insurance shall not be cancelled, 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.)
Effective
Policy # _
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
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PRODUCER
Serial # 100198 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
13LAKEMDRE & ASSOCIATES ONLY AN^ CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR •
P.O. BOX X731 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
SAN DIEGG, CA 929fi1 ~ CDMPANfES AFFORDING COVERAGE
fi~9-222-4458 -- - - ---
GoMPANY PHILADELPHIA INDEMNITY INSURANCE CO.
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W HAVE BE O THE INSUR II ~ OVE (FOR THE POLICY PERIOD
fNDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCWENT WITH RESPECT TD WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
E?CCLUS!c~NS AND CONDITI~JNS OF SUCH POLICIES, LIMITS SHOII~JN MAY HAVE REE[~! REDUCI=D BY PAID CLAIMS, ,
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LTR TYPE OF INSURANCE II POLICY NUM$ER DATE ~MMlDDIYY) DATE {MMlDDIYY)
GENERAL LIABILITY
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A ~ 'COMMERCIAL GENERAL LIABILITY I
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WORI~(ER'S COMPENSATION AND I
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PRODUCTS - COMPIOP AGG $ 1 aaaoaa
PERSONAL & ADV INJURY $ _
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EACH OCCURRENCE I $ 1 aaaaaa
FIRE DAMAGE (Any one fire) $ 1 aaaaa
MED EXP (Any one person) $ 5aaa
COMBINED SINGLE LIMIT ~ 1 aoaa0-Q
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PROPERTY DAMAGE g
AUTO ONLY _ EA ACCIDENT I
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DESCRIPTION OF OPERATIONSlLOCATIONSIVEHICLESISPECIAL ITEMS
1 CITY OF SANTA ANA ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS IS NAMED ADDITIONAL INSURED PER ATTACHED
EXHIBIT B
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i CITY OF SANTA ANA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EN~Q3 MAIL
+ 2Q CIVIC•CENTER PLAZA, M-21 ~0 DAYS WRITTEN NOTICE TD THE CERTIFICATE HOLDER NAMED TD THE LEFT,
SANTA ANA, GA 9271 ~~~~~~~
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C:IFMPROIGERTPROS LATINOHEALTHACCESS.FPS
ADDITIONAL INSURED ENDORSEMENT
Insurance Company Philadelphia Indemnity Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
#PHPK314291 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 insureds
~"additional insureds"} 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 ofthe operations and uses performed b
Y
or on behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additian~l to or contributing with any other insurance carried by orfor
the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made ar 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 insureds, this insurance shall not b~
canceled, or materially reduced in coverage or limits except after thirty X30}days written
notice has been given to the City of Santa Ana, 24 Civic Center Plaza, Santa Ana, .
California 92701. y
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective ~~~~/a2o~8 ,this endorsement form as a part of
Policy # PHPK314291
Issued to Latino Health Access
Named Insured
Countersi ned b G%~z''~ ~ ~~
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Authorized Representative
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PRODCCER
Senal# 100198 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BLAKEMORE & ASSOCIATES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX 7737 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I SAN DIEGO, CA 92167 N , ZCTb b J ,
~~ _ __ COMPANIES AFFORDING COVERAGE
619-222-4458 coM=ANY PHILADELPHIA INDEMNITY INSURANCE CO
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INSURED OCMPANY
LATINO HEALTH ACCESS B
t701 N. MAIN ST. - - --- -
SANTA ANA, CA 92706 ~ CCMPANr
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I THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDE D B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAV
- E SEEN REDUCED BY PAID CLATAS
CO T
POLICY EFFECTIVE POLICY EX%RATION
I
LTR TYPE OF INBURANCE
POLICY NUMBER '. DATE (MMf00M/t DATE (MMfODMy) LIMITS
' GENERAL Uaewrv '''PHPK314291 0520/08 05!20/09 GEnERAL AGGREGATE s 7000000
A X vOMMERLIALGENERAL LIABILRY ~ PRODUCTS-COMPIOP AGG 5 7DDODOD
CLAIMSldADE ~ OCOJR PERSOFAL6AJVINJURY 5 7D000OO
.OWNER'S&CCNTRALTORS PROT ~ EACH OCCURRENCE $ 7DOODOO
'. ~
-~ FiRE DAMAGE (Any ane fire) E 1GODOO
~ ~
AUTOM08ILE LIABILITY ~pHPK314291
/{ rX ANY AUTO
05l20lD8 MEO EXP (Any ane pexon)
0520!09
GOMB'NED SINGLE LIMIT
- E SDDO
S 1000000
ALL OW NED AUTOS
~
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' _ SCHEDI.LED AUTOS ~ fPer pexonl
I X I HIRED AUTOS
~ ggOLILr INJURY
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'~. c
enry
'-, --'-'--- PROPERtt DAMAGE '',g
GARAGE LIABILITY '
AJTO ONLY EA ACCIDENT ''S
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~, ~ i _ - I EACH ACCIDENT 5
j AGGREGATE E
I EXCESS LNleIL1TV EACH OCCURRENCE 5
' UMBRELLA FORM
__ _ _
AGGREGATE 5
OTHER THAN UMBRE-LA FORK . '-r aq
";f y`yyy 5
WORKER'SCOMPENSATION ANO ~ i ~
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TORY LIMITS
ER
'EMPLCYERS'LIABILITY
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'LIGY LIMIT _. _. _._.______.
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~' OTHER i ,,,,_
I
DESCRIPTION OF OPERATIONSILOCATIONSNEHIOLESISPECIAL ITEMS
I CITY OF SANTA ANA ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS IS NAMED ADDITIONAL INSURED PER ATTACHED
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CER7IFICYITE310L'DER`
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SHOULD ANV OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE
CITY CF SANTA ANA EXPIRATION GATE THEREOF. THE ISSUING COMPANY WILL ENB§461tofb MAIL
20 CIVIC CENTER PLAZA, M-2t 3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
SANTA ANA, CA 92707
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' AUTHORIZED REPl~~I/V~EJBQUIK~~/AC~CIATES
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C'IFMPROICERTPROS LAT:NOHEALTHACCESS FPS'
ADDITIONAL INSURED ENDORSEMENT
Insurance Company _Philadelphia Indemnity Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# PHPK314291 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 insureds
("additional insureds") 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 insureds.
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 insureds, 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.)
Effective O`~~ojoog ,this endorsement form as a part of
Policy # PHPK314291
Issued to Latino Health Access
Named Insured
Countersigned by ~~~ z~ ~~
Authorized Representative