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HomeMy WebLinkAboutORANGE COUNTY WATER DISTRICT (2) - 2008INSURANCE ON FILE 1NORK MAY PROCEED UNT1L 1NSURANCE EXPIRES A-2008-282B Ok~~iwH~ In -1-n9 CLERK OF COUNCIL DATE: I ~~ 7,~~ LICENSE AGREEMENT WITH ORANGE COUNTY WATER DISTRICT FOR D . Park<s ~ fc'ec _ (.~) INSTALLATION OF MONITORING WELL SCS-11 (SANTIAGO PARK) ~rlw ~tio~.Pk~hs THIS LICENSE AGREEMENT, made this (D3h day of October, 2008, by and between the City of Santa Ana, a municipal corporation of the State of California, herein termed "City", and Orange County Water District, created by a Special Act of the Legislature in 1933, herein termed "Grantee"; WITNESSETH In consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as follows: I. City hereby licenses Grantee, subject to the reservations, covenants and conditions herein contained, to construct, reconstruct, access, maintain and operate a monitoring well, hereinafter termed "structure", in Santiaso Park at the location shown on the attached Exhibit "A". Said structure shall be installed in accordance with attached Exhibit "B". 2. This license is made subject and subordinate to the prior and continuing right and obligation of City to use the pazk described herein in the performance of its duty as a municipal corporation. 3. This license is made subject to all licenses, leases, easements, restriction, conditions, covenants, encumbrances, liens and claims of title which may affect said park. 4. The Grantee shall pay legal, engineering and inspection fees incurred by City in connection with plan checking, construction, operation and maintenance of the structure pursuant to this License Agreement. Page 1 of 7 IO/1!2008 5. The rights herein provided to Grantee shall lapse and become void if the construction of said structure upon said park is not commenced within one (1) year from the date of this License Agreement. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing, accessing, operating and maintaining the structure in Santiago Park, as well as the entire cost and expense of excavating and reconstructing the immediate area around the structure. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as allowed under a permit obtained from City. A project marker in a form and size satisfactory to the City identifying the facility and its owner shall be installed and constantly maintained by, and at the expense of, Grantee on the cover over the monitoring well or such location as City shall approve. Absence of the marker does not constitute a warranty by City that the subsurface installation does not exist and City does not assume any responsibility for protection of Grantee's equipment. 7. In the event City shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, reinforce or alter said structure upon receipt of written notice from City to do so. All such work shall be performed by Grantee or by any means authorized by it. 8. Grantee, its agents and employees shall have the privilege of entry onto Santiago Park, under permit, for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to keep the monitoring well, and the immediate area around the well, in a good safe condition, free from hazards and obstructions, so far as affected by Grantee's operations, to the satisfaction of City. If Grantee fails to keep the monitoring well, and immediate area around the monitoring well, in good and safe condition, free from hazards and obstructions, then City may Page 2 of 7 10/1/2008 perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 9. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee or any property under the control or custody of Grantee while on City property incident to the construction or maintenance of said structure caused by or contributed to in any way by the construction, operation, maintenance or presence on City's park or any utilities or pipelines upon or under said park area at the above mentioned location. Grantor, its agents and employees, shall take all reasonable precaution when working neaz Grantee's structure. 10. Public Liability Insurance. Grantee shall maintain public liability insurance naming the City, its officers, employees, 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 damage to property, resulting from any act or occurrence arising out of Grantee'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. Grantee shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. 11. Grantee shall indemnify and save harmless City, its officers, agents and employees, from and against any and all damages to property or injuries to or death of Page 3 of 7 10/1/2008 persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers, agents, employees, successors and assigns, from all claims, demands, suits, actions or proceedings of any kind, and all costs and expenses, including but not limited to reasonable attorney fees, settlements or judgments, for loss of or damage to property and for injuries to or deaths of persons, including property and employees or agents of City, arising out of the construction, reconstruction, maintenance, presence, operation, use or removal of said structure, regardless of any negligence or alleged negligence on the part of City, its officers, agents and employees azising out of the construction maintenance, presence, operation, use or removal of said structure. Grantee shall further defend, indemnify, and save harmless City, its officers, agents and employees, from and against all claims, demands, sits, actions or proceedings resulting from or arising out of the negligent, intentional or malicious acts or omissions of Grantee, its employees, contractors or subcontractors. Should Grantee, its successors or assigns, at any time abandon the use of said structure or any part thereof or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) yeaz, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and City shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property. 12. Upon termination of the rights and privileges hereby provided, Grantee, at his own cost and expense, agrees to remove said structure from Santiago Park and restore the immediate area around the monitoring well as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee Page 4 of 7 10/] 12008 fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by City, at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 13. This Agreement shall inure to the benefit of and be binding upon the successors and assigns ofthe parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year fast herein written. "Grantee" Orang only ater Dis ~ct By: Stephen R. Sh don President By: Michae R. Markus General Manager Approved as to Form: By: Attest: / /~ By, ~J ~J l Patricia E. Healy Clerk of the Council ~-- By: neral ounsel, Approved as to Fonn: range County Water District Joseph Fletcher, ~ ttomey By: e Sandoval anaging Senior Assistant City Attorney The "City" City of Santa Ana i~~~~?A Charter Cyy~ Page 5 of7 t0/1/2008 EXHIBIT "A" ~~ o , ~ - ~r J yi ~ -, ~. --- -'r I ~ ~1( Page 6 of 7 10/1/2008 EXHIBIT B BEL^W GRADE M^NIT^RING WELL C^MPLETI^N DETAIL 1 -INCH DIAMETER EMENT PAD 3-INCH DIAMETER TRAFFIC ATED WELL VAULT TAINLESS STEEL B^LTS <3) -.EL B^LT-D^WN LID CKING WELL CAP MENT PAD -INCH DIAMETER B^REH^LE TIMATED DEPTH 400 FEET INCH DIAMETER WELL SING ESTIMATED DEPTH 0 FEET INCH DIAMETER WELL SING ESTIMATED DEPTH 0 FEET 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 regazd 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 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 farm as a part of Named Insured Countersigned by Authorized Representative Page 7 of 7 10!1/2008 Association of California Water Agencies /Joint Powers Insurance Authority 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95670 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. MEMBER Orange County Water District 18700 Ward Street Fountain Vafley, CA 92708 COVERAGE INFORMATION This is to certify that coverage documents listed herein have been issued [o the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contract or other document with respect [o which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. T e of Covers a Certificate # Effective Date Ex iratlon Date Limits General Liability MOLC-100108 1011(2008 10/1/2009 Aggregate $1,000,000 8 Commercial General Liability Per Occurrence $1,000,000 8 Contractual Liability Q Products/Completed Operations D Occurrence Auto Llability MOLC-100108 10/112008 10/1/2009 Per Occurrence $1,000,000 8 Owned Autos 8 Hired Autos p Non-Owned Autos Auto Physical Damage Scheduled Autos Hired Autos Property Special Form Mobile Equipment Boiler and Machinery Crime Workers' Compensation Coverage A -Workers' Comp. Coverage 8 -Employer's Liability DESCRIPTION The Certificate Holder, its officers, employees, agents, volunteers and representatives have been ad Additional Covered Parties to the Liability Program, but solely with respect to those causes of action arising directly out of the License Agreement for monitoring well SGS-11 (Santiago Park). CERTIFICATE HOLDER CANCELLATION Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWAIJPIA will eadeaveHe provide 30 tlays written notice to the certificate holder named herein. City of Santa Ana Recreation & Community Services Agency Parks AUTHORIZED REPFjE,SENTATIVE DATE , 888 W. Santa Ana Blvd., #200 ~~ f ~ i ^"~ 10/22/2008 Santa Ana, CA 92701 f , '-' ADDENDUM to the Memorandum of Liability Coverage for the MEMBER: COVERAGE PERIOD: ADDENDUM DATE: ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY Orange County Water District 10/1/2008 - 10/1/2009 10/17/2008 ADDENDUM NUMBER: 25 Change in WHO IS COVERED The following entities are hereby added as Additional Covered Parties: City of Santa Ana, its officers, employees, agents, volunteers and representatives, but solely with respect to those causes of action arising directly out of the License Agreement for monitoring well SCS-11 (Santiago Park), and subject tc a $1,000,000 per occurrence and annual aggregate limit of liability. The coverage provided by this Memorandum of Liability Coverage shall be primary as respects any claims related to the operations performed by or on behalf of the Orange County Water District. Any insurance or self- insurance maintained by the City of Santa Ana is excess and noncontributing. This coverage shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of Santa Ana. a Signed By: ,^ ~~j ~~`~ Date: 10/22/2008 (AuthbCfzed Representative) Association of California Water Agencies / Joint Powers Insurance Authority P.U. Box 619082, Roseville, CA 95661 -9 082 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. MEMBER Orange County Water District 15700 Warm Street Fountain Valley, GA 92708 -6930 t.\ wr ) S w. /V­acok - COVERAGE INFORMATION This is to certify that coverage documents fisted herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contractor other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of such coverage documents. T e of coverage Certificate # Effective Date Expiration Date Limits General Liability MOLC- 100916 1011/2016 101112017 Aggregate $1,000,000 10 Commercial General Liability Per Occurrence $1,000,000 Q Contractual Liability RI Products /Completed Operations © Occurrence Auto Liability MOLC- 100116 10/1/2016 1011/2017 Per Occurrence $1,000,000 RI Owned Autos 0 Hired Autos Z Non -Owned Autos Auto Physical Damage Scheduled Autos Hired Autos { Property yt Special Form rw ° Mobile Equipment e Boiler and Machinery �tittip' t r Crime Workers" Compensation Coverage A - Workers' Comp. Coverage B - Employer's Liability DESCRIPTION Regarding: License Agreement for monitoring well SCS -11 (Santiago Park). Additional Covered Party(ies), as required by written contract: City of Santa Ana, its officers, employees, agents, volunteers and representatives, per attached Addendum, CERTIFICATE HOLDER CANCELLATION Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWA /JPIA will c„.t.,^.,. *^ provide 30 days written notice to the certificate holder named herein. City of Santa Ana Parks, Recreation & Community Services Agency AUTHORIZED REPRESENTATIVE DATE 26 Civic Center Plaza Santa Ana, CA 92701 8/10/2016 Z���� for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY MEMBER: Orange County Water District COVERAGE PERIOD: 10/1/2016 10/1/2017 ADDENDUM DATE: 110/11/2016 ADDENDUM NUMBER: 22 Change in the following Sections: Section 111. WHO IS COVERED is amended to include the following entity(ies) as an Additional Covered C4ywf Santa Ana, its officers, employees, agents, volunteers and representatives, as required bywritten contract. Additional Covered Party(ies) is covered only if the liabifity is caused M whole or in part by the acts or omissions of the Member Agency and excludes coverage for the sole negligence of the Additional Covered Party(ioo), and subject tou$1.00U.U8Q per occurrence and annual aggregate limit cfliability. Section VI. CONDITIONS (G). OTHER COVERAGES is amended to read:� Fhe coverage afforded in this Memorandum of Liability is primary to and will not seek contribution from any other insurance available to an Additional Covered Party(ies) under the Memorandum of Liability provided that: (1) The Additional Covered Party(iem)ia(an*)a Named Insured under such other insurance, and (2) is required in avvrittmm contract or agreement. The following is dded to Section VI. CONDITIONS (1). WITHDRAWAL/CANCELLATION: m the Authority elects nz cancel this coverage before the stated expiration date, the Authority will provide the Additional Covered Party(ies) at least thirty (30) days prior written notice, as required by a written contract or agreement. Regarding: License Agreement for monitoring well SCS-11 (Sum1iagoPark). Signed By: /,/- Date: 8/1{V2{16 (Authorized Represent�tiv�)