HomeMy WebLinkAboutORANGE COUNTY COUNCIL OF THE SOCIETY OF ST. VINCENT DE PAUL - 2010o:s~wa C2~
INSURANCE ON FILE Lost (3• N-2010-011
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UNTiL INSURANCE EXPIRES
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CLERK OF COU C ~ LICENSE GRANTING RIGHT OF ENTRY
DATE: ~~,8 ~ ~ Z() i~
THIS NONEXCLUSIVE LICENSE ("License") is made and entered into as of
~'~ /8 , 20 /0 by and between the THE CITY OF SANTA ANA, a charter
city and m icipal corporation duly organized and existing under the Constitution and laws of
the State of California (the "City"), and the ORANGE COUNTY COUNCIL OF THE
SOCIETY OF ST. VINCENT DE PAUL, a Section 501(c)(3) non-profit organization
("SVDP"), with respect to the following:
RECITALS
A. As part of its Lights On Program ("Program"), SVDP offers interim services during the
evening hours to inmates recently released from the Orange County Jail and the Santa Ana Jail
for a short period of time immediately following their release until they are they are transported
elsewhere, where such services include providing the released inmates with food, beverage,
and/or telephonic communication to arrange for their transportation.
B. SVDP utilizes a recreational vehicle in operating the Program and desires to park this
vehicle on a portion of the private street owned by the City and located north of Sixth Street and
south of Civic Center Drive, adjacent to the parking structure at 1020 W. Civic Center Drive, and
west of the Santa Ana Municipal Stadium/Eddie West Field located at 602 N. Flower Street,
Santa Ana, California, and identified on the Site Map attached hereto as Exhibit A ("the
Property"), so as to better provide the above mentioned services.
C. The City believes the services offered by SVDP in operating this Program benefit the
community surrounding the Orange County and Santa Ana Jails, and wishes to accommodate
SVDP's desire to utilize the Property for parking its recreational vehicle for a limited time during
the evening hours by granting a right of entry to SVDP upon these terms and conditions.
NOW, THEREFORE, for good and valuable consideration, SVDP and City do hereby agree as
follows:
1. Right of Entry. Provided that all of the terms and conditions of this License are fully
satisfied, the City hereby grants to SVDP and its employees, agents and contractors the
nonexclusive, nonassignable, personal right to enter upon the Property from 10:00 p.m. to 4:00
a.m., unless otherwise notified by the Santa Ana Police Department Chief of Police or his
designee, for the purpose of parking its recreational vehicle to operate the Program, and for no
other purposes. It is expressly understood that this License does not in any way whatsoever
grant or convey to SVDP any rights of possession, easement or other cognizable property interest
in the Property.
2. Conditions. By execution of this License, SVDP agrees for itself and on the behalf of its
employees, agents, consultants and contractors as follows:
Page 1 of 8
(a) That SVDP shall only be granted the nonexclusive right to enter and occupy the Property
daily from 10:00 p.m. to 4:00 a.m.
(b) That SVDP will not permit any dangerous condition to be created on the Property.
(c) All acts and things done by SVDP on the Property will be done in a careful and
reasonable manner, in accordance with all federal, state and local laws.
(d) SVDP shall not allow and agrees to report to the Santa Ana Police Department any
suspected criminal activity taking place on or around the Property.
(e) SVDP shall ensure that the property is maintained and kept free of litter and debris at all
times, and that no personal belongings or similar items remain after SVVP vacates the property
each day.
(f) SVDP shall enter and occupy the Property entirely at its own cost, risk and expense.
(g) Prior to undertaking performance of any operations or services under this License, SVDP
shall maintain and shall require its contractors and/or subcontractors, if any, to obtain and
maintain insurance as described below in Section 4.
3. Termination, Modification and Suspension
(a) Term. This right of entry shall commence on the date first written above and terminate
five (5) years from that date, unless terminated earlier in accordance with subsection (b) below.
The term of this license may be extended for two (2) additional five-year periods upon written
notification provided by SVDP and a writing executed by the City and SVDP.
(b) Modification and Termination by City without Cause. This right to enter the Property is
subject to immediate temporary termination or modification upon verbal notification by the
Santa Ana Police Department Chief of Police or his designee. Additionally, SVDP understands
and agrees that the City or the Santa Ana Police Department Chief of Police or his designee may
immediately and permanently terminate this license and revoke the right of entry for whatever
reason, but will make best efforts to give two (2) weeks notice before doing so.
4. Insurance
(a) Commercial General Liability Insurance. SVDP shall maintain commercial general
liability insurance naming the City of Santa Ana and their respective 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 SVDP's
operations in the performance of this License, 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
Page 2 of S
damage, in the total amount of $1,000,000.00 per occurrence. SVDP shall supply City with a
fully executed additional insured endorsement in substantially the form attached hereto as
Exhibit B upon execution of this License and shall be approved in form by counsel for the City.
(b) Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned,
hired and non-owned automobiles.
(c) In accordance with the provisions of Section 3300 of the Labor Code, SVDP, if SVDP
has any employees, is required to be insured against liability for worker's compensation or to
undertake self-insurance and as such, prior to the commencement of this License, SVDP agrees
to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
(d) The following requirements apply to the insurance to be provided by SVDP pursuant to
this section:
• SVDP shall maintain all insurance required above in full force and effect for
the entire period covered by this License.
• Certificates of insurance shall be furnished to the City upon execution of this
License and shall be approved in form by counsel for the City.
• 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.
(e) If SVDP 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
License.
5. Indemnity. SVDP hereby agrees to defend, indemnify and hold the City of Santa Ana
and its respective officers, officials, members, employees, agents, volunteers 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 SVDP or any of its officers, officials,
members, employees, agents, volunteers and representatives upon the Property pursuant to this
License. All use of and entry upon the Property shall be at the sole cost, risk and expense of
SVDP.
6. License Payment. Upon execution. of this License SVDP shall pay to City a license fee
of $1.00.
Page 3 of 8
7. Miscellaneous.
(a) Choice of Law. This License 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 License. All
rights and remedies under this License 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 License, except
to the extent expressly provided to the contrary in this License.
(c) Counterparts. This License 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 SVDP, 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 SVDP or its
successor, or for any breach of any obligation of the terms of this License.
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Page 4 of 8
IN WITNESS WHEREOF, the parties hereto have entered into this License as of the date first
set forth above.
ATTEST
/ r
~_..~=-,~-yam. i~ ~~ ~~ ~.>
By:
.-{~;,,i MARIA D. HUIZAR
Clerk of the Council
CITY OF SANTA ANA
By:
DAVE REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
B ~ .~~- ; ~
Teresa L. Judd
Deputy City Attorney
ORANGE COUNTY COUNCIL OF THE
SOCIETY OF ST. VINCENT DE PAUL
By: ~ ~` e~?~~~
(NAME) ANDREW SAAVEDRA
(Title) President
APPRO D AS TO CONTENT:
By:~l
PAUL M. WALTERS
Chief of Police
Page 5 of 8
EXHIBIT A
SITE MAPS
Page 6 of 8
The above map shows the portion of the private street owned by the City and located north of
Sixth Street and south of Civic Center Drive, adjacent to the parking structure at 1020 W. Civic
Center Drive, and west of the Santa Ana Municipal Stadium/Eddie West Field located at 602 N.
Flower Street, Santa Ana, California.
The red arrow on the above map indicates the area where the vehicle shall be parked and
permitted to operate, which is in the widened area of the roadway on the west side of the street
north of 6`h Street and south of the entrance to the parking structure.
Page 7 of 8
EXHIBIT B
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 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
Named Insured
Countersigned by
Authorized Representative
this endorsement form as a part of
Page 8 of 8
Arthur J. Gallagher & Co.
The Gallagher Centre, Two Pierce Place, Itasca, IL 60143-3141 - (800) 807-0300 or (630)-694-5425
CERTIFICATE OF INSURANCE
Name and address of certificate holder
City of Santa Ana
Doug McGeachy
60 Civic Center Plaza PD/M-18
Santa Ana CA 92702
Name and address of the insured
Brothers of the Christian Schools and Affiliates
1205 Windham Parkway
Romeoville, IL 60446-1679
Phone: (800) 807-0300
And including: 1134066
COUN OF ORANGE SOC OF ST VINCENT DE PAUL
Applicable
Company Policy Number (See Reverse Side) Expiration
Princeton Excess & Surplus Lines Ins.Co. G2-A3-EX0000019-03 A , B , C , D , J 06/15/2010
London and Various Carriers V093734 A 06/15/2010
TNCRRG Inc FM10219-12 B, C, J 06/15!2010
Zurich American Insurance Company BAP9377761-06 C 06/15/2010
(All states incl. Puerto Rico)
Safety National Casualty Corporation SP4041137-IL E 01/01/2011
American Zurich Insurance Company WC9377758-06 F 01/01/2011
Zurich American Insurance Company WC9377759-06 G 01/01/2011
Hartford Steam Boiler FBP4909989 I 06/15/2010
REMARKS
Evidence of General Liability Coverage $1,000,000 each occurrence Automobile Liability Coverage $1,000,000 CSL each occurrence
including owned, non-owned and hired vehicles for County of Orange Society of St Vincent De Paul, 180 S Cypress Street, Orange,
CA with respects to City of Santa Ana for Use of Parking Lot located at: 1020 W Civic Center Drive. City of Santa Ana, its offrcers,
officials, members, employees, agents, volunteers & representatives are added as additional insured solely, strictly, and specifically in
relation to the above use of Parking Lot. Coverage is primary and any other coverage of the additional insured shall not contribute. 30
days prior written notice of cancel is given to all certificate holders. Workers Compensation is not evidenced on this certificate as
coverage is not provided
Cancellation:
Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail
30 days written notice to the above-named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon
the company
"This is to certify that policies of insurance listed above have been issued to the insured named above and are in force at this time.
Notwithstanding any requirement, term, or condition of any contracts or other document with respect to which the certificate maybe issued or
may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies.
Limifs maybe aggregated and the aggregate limits may have been reduced by the paid claims. "
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES USTED ABOVE.
ARTHUR J. GALLAGHER & CO
~G:C..~uei~--
Catherine Duffin
Date: 01/19!2010 liz Division Chief Operating Officer
APPItOY1F~ ~ ~ 1rC11FC)I?~
`~.-~
~.
Coverage Description
A Covered Perils for all Real & Personal Property,$300,000,000 per occurrence total limit all policies affected.
Business Interruption Coverage per limit scheduled.
B Comprehensive General Liability including premises, contractual, and products liability, $5,000,000 limit.
PESLIC: $2,000,000 TNCRRG: $3,000,000
C Comprehensive Automobile Liability Coverages, $5,000,000 limit any one occurrence.
Zurich American: $1,000,000 PESLIC: $2,000,000 TNCRRG: $2,000,000
D Comprehensive Automobile Physical Damage Coverages, $5,000,000 limit any one occurrence.
PESLIC: $5,000,000
E Excess Workers' Compensation Statutory Benefits and $1,000,000 Employers' Liability for the State of
Illinois only.
F Workers' Compensation Statutory Benefits and $1,000,000 Employers' Liability for the States of Alabama,
Alaska, Arizona, Arkansas, Colorado, Connecticut, DC, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Nebraska, Nevada, New Hampshire, New Jersey, New Me~aco, New York, North Carolina, Oklahoma,
Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont,
Virginia and West Virginia.
G Workers' Compensation Statutory Benefits and $1,000,000 Employers' Liability for the State of Idaho and
Wisconsin.
H Workers' Compensation Statutory Benefits and $1,000,000 Employers' Liability for the State of California.
I Boiler & Machinery Coverages, $100,000,000 limit per accident.
J Limited Professional Healthcare Services Coverage, $5,000,000 limit per occurrence.
PESLIC: $2,000,000 TNCRRG: $3,000,000
Miscellaneous
Only coverages and limits described in remark section are afforded by this certificate.
ADDITIONAL REMARKS:
APPROVED ~S '~'O FOR1~
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
I N S U R A N C E
V N ~ CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
,7ANUARY 14, X010 POLICY NUMBER:19~GE97 1~
CERTIFICATE EXPIRES:1-1-11
THE CITY OF SANTA ANA
ATT:DOUG MCGEACFIY,COMMRNDER TRAFFIC DIVISION
F'0 BOX 1981
SANTA ANA CA 9~7~~ JOB: LICENSE GRANTING RIGHT OF
ENTRY LIGHTS ON PROGRAM
FLOWER STREET
~- CITY OF SANTA ANA
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy
listed herein, Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this
certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject
to all the terms, exclusions and conditions of such policy.
A HORIZED REPRESENTATIVE
~`~°--~-
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1,~D00,O~i~ F'ER OCCURRENCE.
EMPLOYER
COUNCIL OF ORANGE COUNTY
50CIETY OF ST. VINCENT DE PAUL
8V~14 MARINE WAY
IRVINE CA 9:618
APPROVP~ ~S ~~ lF®I
~ ~
~. X596
SCIF10262(REV 02-OS)
COUNCIL OF ORANGE COUNTY
SOCIETY OF ST. VINCENT DE PAUL
s~~~~
January 21, 2010
COUNCIL OFFICERS
Douglas McGeachy
President
Andy Saavedra
V Commander "hraffic Division
Police Dept/M18
Vice-President 60 Civ1c Centel' Plaza
Lam- Ditto p.0. Bo:~ 1981
Secretary Santa :4na, CA 9270!
Diane Halal
Treasurer
Dennis Jans Dc:lr Mr. McGeachy:
TRUSTEES: L?~r.~closed please find :3 ea~.:c;ztcd copies ~~>f the IZi~ht o4'h,;ac~~ li:;~nse an~~) ii~sura.ncc,
Peter Andres certifrCates.
Diane Halal
Robert Orozco tip there are. any other recitzire~r:~e~r~t~~. ztk~as contac? ~:~e.
Dennis Jans
Bud Grandsaert
James P. Kolar
Maria Mendoza ~i1~CeTely~,
Larry Ditto
Richard Gorham
Honorary: (~C.
Daniel Harney
Jc; ~ ~~e i~ vl:~y
~:~,,,}~rol;~~r
Executive Director
Terry Notko
I:,x7C
Fed. Tax ID #
95-3033494
8014 Marine Way, Irvine, CA 92618
(949) 653-2900 * FAX: (949) 653-9155 * www.svdpoc.org