HomeMy WebLinkAboutTKO BOXING CLUB 8City of Santa Ana C,
Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M -30).
Call 647-6520 if you have any questions.
The agreement with -7-k, � Ag U i�
No- -0-00
9- was completed on
and final payment has been made. Department: ppcs A-
Phone /Ext.: S-DLS-L�
Signature: Uva—o
Date: h I,p 1 A
Revised 12-07-07
INSURANCE ON FILE
WORK MAY PROCEED N-2008-T 62
UN71L INSURANCE EXPIRES
10-v1-D`t -
CLERK OF COUNCIL
OAfiE~ AGREEMENT TO CONTRIBUTE TO COST OF TKO BOXING'5
~~ _ P~, ks L,"~~ (y~ USE OF SCHOOL DISTRICT PROPERTY
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This agreement is made and entered into this _~_ day of December 2008, 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 ("City") and TKO Boxing
("TKO Boxing"), a California Non-Profit Public Benefit Corporation located in Santa
Ana, California.
Recitals:
A. TKO Boxing has been an important user of the Jerome Center facility for many
years. In conjunction with the City, TKO Boxing has been providing
recreational programs to Santa Ana youth in the sport of boxing.
B. The City of Santa Ana recently began preparation for facility improvements at
the Jerome Center and, as a result, TKO Boxing is no longer able to use the
facilities at Jerome Center. The improvements at Jerome Center will require the
vacation of the premises for approximately twelve (12) months. TKO Boxing
does not have the financial wherewithal to absorb the financial burden of
leasing a new interim facility for the conduct of its Boxing programs.
C. TKO Boxing has entered into an arrangement with the Santa Ana Unified
School District whereby it will be able to have priority use of a facility at the
Carr Intermediate School site. However, the cost of the use of the School
District facility is ftnancially unfeasible for TKO Boxing.
D. Without financial assistance, TKO Boxing will be forced to shut down its
Boxing Program for almost a year or until the Jerome Center renovations are
completed.
E. The closing of TKO Boxing will result in a tremendous void for youth in the
community who have relied on TKO Boxing to further their boxing skills and/or
as an outlet for further recreation. The services provided by TKO Boxing are
important to the City and it is important that these services continue
uninterrupted.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. CITY FUNDING, SCOPE AND LIMITS
1. Upon approval of this agreement by the parties, the City will agree to cover the
cost of TKO Boxing to use the facilities at Carr Intermediate School. The maximum cost
that the City will pay in this regard is $1500.00 per month, up to twelve months.
12/18/2008 Page 1 of4
2. The parties agree that the City will only pay for the cost for the use of the facility
at Can Intermediate School and that the maximum number of months that the City agrees
to pay is twelve (12) months, or less, if the Jerome Center improvements are completed
sooner.
3. The City will pay the cost for use of the facilities at Carr Intermediate School
directly to the School District only.
4. TKO Boxing represents that it will be invoiced monthly by the School District
and that it will forward invoices received from the School District immediately to the
City so that payment can be made to the School District in a timely manner. The City has
no obligation to pay the District until it receives an invoice from TKO Boxing.
5. By agreeing to pay for the cost of the use of the facilities as described herein, the
City in no way is assuming any liability for maintenance, repair, injuries or any other
event or incident that may occur at the facilities at Carr Intermediate School.
II. INDEMNIFICATION
TKO Boxing agrees to indemnify and hold harmless the City, its officers, agents,
and employees from all liability, claims, losses and demands, including defense costs,
whether resulting from court action or otherwise, arising out of the acts or omissions of
the indemnifying party, its officers, agents or employees or the condition of property used
in the performance of this Agreement.
III. NOTICES
All notices, statements, demands, requests, consents, approvals, authorizations,
appointments, or designations hereunder by either party to the other shall be in writing and
shall be deemed given and served upon the other party, if delivered personally or three (3)
days after depositing in the United States mail, postage prepaid, addressed as follows:
If to CITY:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: Clerk of the Council
And
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Attorney
12/18!2008 Page 2 of 4
If to TKO Boxing:
Mary Lara, Director
TKO Youth Foundation
PMB 143
3337 S. Bristol
Santa Ana, CA 92704
(949)509-4208
mhlaza(a~downeysavings.com
Attn: Mary Lara
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be
addressed and transmitted to the new address. If sent by mail, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have been
given three (3) days after it has been deposited in the United States mail, duly registered
or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, any notice, tender, demand, delivery, or other communication shall be
effective or deemed to have been given twenty-four (24) hours after the time set forth on
the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
IV. NRISDICTION
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be governed and construed in accordance with the
laws of the State of California. This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any
of the clauses of this Agreement shall be determined and governed by the laws of the
State of California.
V. ENTIRE AGREEMENT
This AGREEMENT sets forth the entire understanding between the parties with
respect to the City's contribution for TKO Boxing's use of the facilities at the Carr
Intermediate School site.
VI. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in
third parties including but not limited to the Santa Ana School District or any
subcontractors or any member of the public provided services hereunder.
12/18/2008
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the
County of Orange, State of California, on the date and year first above written.
"TKO Boxing" The "City"
City of Santa Ana
A Charter City/
By: ~i f
John Raya By:
der, TKO Youth Boxing David N. Re
City Manager
Approved as to Form:
$y: /~(' f~a7~
~~ Jose Sandoval
Managing Senior Assistant City Attorney
AT
PATRIC/A E. H LY
CLERK OF THE COl/NClL
12/18/2008 Page 4 of Q
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THIS CERTIFICATE IB 158 LIED AS A NATTER OF INFORMATION
PRODUCER ONLY AND CONFERS HO IOGHT6 UPON THE CERTIFICATE
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One Olyrtplc Plaza INS. C:
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TKO BOXING CLUB
726 5 CENTER STREET
SANTA ANA. CA 92702
CERT NUMBER: 1000691586
COVERAGES
IS IS TO CERTIFY THAT THE POUCIE6 OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE I URED NAMED A00VE FOR THE POLICY PERI
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E%CLUSIONS AND CONDRION OF SUCH POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA
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LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION
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CANCELLATION
CERTIFICATE HOLDER
ITS OFFICERS, EMPLOYEES. AGENTS. AND REPRESENTATIVES
ITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED
POLICIES S! GANCELEO eEPORE THE
,
THE C
20 CNIC CENTER PLAZA EXPIPA710N GATE THEREOF. THE ISSUING
rAMPANY WILL ENDEAVORTO MAIL 3D DAYS
SANTA ANA. CA 92701 WRRTEN NOOCE TO THE CERTIFICATE
HOLDER, BIJT FAILURE TO MAR SUCH NOTICE
SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY. lT8
AGENTS OR REPFIESFJJTATNEa
AUTHORIZED REPRESE'N'~T/~A~T_NE
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nmer~can 5pecialtY 1()~L/'LUUti t3:44:U'! AM YA(ii; 'L/UU'L 1'aX Server
Policy #AXGL01100120-08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY,
ADDITIONAL INSURED -CERTIFICATE HOLDERS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILfTY COVERAGE PART
SECTION II -WHO IS AN INSURED is amended to include any Certificate Holder, itlenYdied as an
additional insured on a Certificate of Insurance Issued by American Specialty Insurance & Risk Services,
Insurdance & !Risk iServ ces Agencyc butt oe y fors ability arls ng out ofRtihe negligenceg of the named
insured
The Limits of insurance applicable to these additional insureds are the lesser of the policy limits or those
limits specified in a contract or agreement. These limits are inclusive of and not in addition to the limits of
Insurance shown in the declarations.
All other terms and conditions remain unchanged.
AXIS 1003(02!08} Page 1 of ~
United States Amateur Boxing
b. T~ term use b~ tu~iy wgmpiied wdh.ss all of
A person or organ¢ation may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we wilt not ba liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the ap-
plicable rxnit of insurance. An agreed aettlemeM
means a settlement and release of 1ia631ity signed
by us, the insured and the claimant ar the claim-
ant's legal representative.
4. Otherlnsurance
If other valid and collectible insurance is available
to the insured for a loss we rover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:
a. Primary Insurance
This insurance is primary except when b. be-
low applies. If this insurance {s primary, our ob-
ligations are not affected unless any of the
other insurance is also primary. Then, we will
share with ag that other insurance by the
method described inc. below.
b. Excesslnsurance
This insurance is excess aver.
(i) mnary, excess,thconUrrgent or onhany other
basis:
(a) That is Fire, Extended Coverage,
Buitdefs Risk, Installation Risk or similar
coverage for "your work";
(b) 'That is Fire insurance [or premises
ranted to you or temporedry occupied by
you with permission of the owner,
{e) That Is insurance purchased by you to
cover your liability as a tenant for "prop-
erty damage" to premises rented to you
or temporarily occupied by You with
permission of the owner, or
{d) If the toss adses out of the maintenance
or use of aircreft, "autos" or watercraft to
the extent not subject to Excluslan g. of
Section I - Coverega A -.Bodily Irry'ury
And Property Damage Liabridy.
(2) Arty other primary insurance avagable to
you covering liability for damages arising
out of the premises or operations, or the
products and completed apera0ons, for
which you have been added as an addi-
tional insured by attachment of an en-
dorsement.
When this insurance is excess, we wi0 have n0
duty under Coverages A or B to defend the in-
sured against any "suit" if any other insurer has
a duty to defend the insured against that "suit"
If no other insurer defends, we wi0 undertake
to do so, but we will be enfitlad to the insured's
rights against all those other insurers
When this insurance is excess over other in-
surance, we will pay only our share of the
amount of the loss, d any, that exceeds the
sum of.
(1) The total amount that all such other insur-
ance would pay far the loss in the absence
of this Insurance: and
(2) The total of all deductible and self-Insured
amounts under all that other insurance
We wilt share the remaining loss, 'rf any, with
arty other insurance that is not described in this
Excess Insurance provision and was not
bought specifically to appty in excess of the
Limits of Insurance shown in the Dedaretions
of this Coverage Part.
c. Method Of Sharing
If all of the other Insurance permits contdbution
by equal shares, we will follow this method
else. Under this approach oath insurer con-
tributes equal amounts until it has paid Nur ap-
plicable I'unit of insurance or none of the loss
remains, whichever comes first
If any of the other insurance does not permit
contribution by equal shares, we will wntdbute
by limits. Under lhls method, each insurers
share is based on the ratio ofgcable lpimits of
limit of insurance to the total app
insurance of all insurers
6. Premium Aud1t
a. We will compute elf premiums for this Cover-
age Part in accordance with our rules and
rates.
b. Premium shown in this Coverage Part as ad-
vance premium is a deposit premium onty. At
the cbse of each aud'd period we will compute
the earned premium for that pedod and send
notice to the first Named Insured The due date
for aud'R and reVospective Premiums is the
date shown as the due date on the bill If the
sum of the advance end audit premiums paid
for the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
e. Tice first Named Insured must keep records of
the information we need for premium canputa-
tion, and send us copies at such Umes as we
may request
CG 00 01 7204 ®ISO Properties, Inc., 2003 Page 11 of 1 S ^