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Home My WebLink AboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (OC-87-A) (1ST)INSUf sANC! ON FILL WORK ttitltY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL t' DATE: C(- Pig - File: OC -87 -A FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SANTA ANA A- 2015 -148 This FIRST AMENDMENT to the above- referenced agreement is made and entered into as of August 4, 2015, by and between THE ORANGE COUNTY TRANSPORTATION AUTHORITY ( "OCTA ") and the City of Santa Ana ( "Licensee "), and designated #OC -87 -A to License Agreement #OC -87 dated October 14, 1997. RECITALS A. On October 14, 1997, the parties entered into License Agreement # OC -87 ( "Agreement "), by which OCTA granted Licensee a non - exclusive license in certain property owned by OCTA as described in the Agreement for purposes of a canine training facility ( "License Property "), B. The term of the Agreement is presently month -to -month and remains in effect. C. The - parties now wish to amend the Agreement to reflect a changed use of the License Property. The parties therefore agree: 1, Part 1, Section 2 of the Agreement, Use of License Property, is amended to read In Its entirety as follows: "Landscape nursery to replenish native and riparian planting in City of Santa Ana parks, as operated by Licensee or a third party under a separate operating agreement with Licensee." 2. Part 1, Section 4 of the Agreement, Term, is amended to read in its entirety as follows: `One (1) year from the date of this First Amendment, with 30 day notice to terminate, to be automatically renewed thereafter for the same term on an annual basis until either party terminates with 30 days' notice." 3. Part 1, Section 6 of the Agreement, Insurance Amount, is amended to read in its entirety as follows: "Insurance requirements are amended as shown on Exhibit "A ", attached and made part herein." 4. Part 1, Section 8 of the Agreement, Licensee's Address, is amended to read in its entirety as follows: City Of Santa Ana Parks, Recreation and Community Services Agency 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, Ca. 92702 5. Part 1, Section 9 of the Agreement, Facility, Is deleted in its entirety. Page 1 of 3 File: OC -87 -A 6. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. AGREED AND ACCEPTED: CITY OF SANTA ANA By David Cavazos City Manager APPROVED AS TO FORM: BYh /V�/i f� Joh Funk Ass'stant City Attorney ATTEST BY L.--,N Maria D. Huizar Clerk of the Council ORANGE COUNTY Director, Capital Programs APPROVED 6WrO FOR By Jam Donich G eral Counsel Page 2 of 3 File; OC -87 -A EXHIBIT "A" Insurance. A. Licensee shall procure and maintain insurance coverage or evidence of self- insurance during the entire term of this Agreement. Licensee shall provide the foliowing coverage: 1. Commercial General Liability [CGLj, to include Products /Completed Operations, Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of $2,000,000.00 of coverage. , with: • Removal of the CGL exclusion for pollution liability, or • A Pollution Liability policy with minimum limits of $1,000,000.00; and 2, Automobile Liability Insurance with combined single limits of a minimum of $1,000.000.00 3. Workers' Compensation with limits as required by the State of California; with a waiver of subrogation rights; 4. Employers' Liability with limits of a minimum of $1,000,000.00; and B. Subject to prior approval by OCTA, Licensee may meet the requirements through (1) self- insurance, (li) coverage through a joint powers insurance authority (JPIA) which is duly formed under the laws of the State of California, or (iii) utilize a combination of self- insurance and JPIA coverage, or (iili) commercial insurance policies. C. OCTA, its officers, directors, employees and agents must be designated as additional insured on the Licensee's Comprehensive General and Automobile Liability Insurance policies, Licensee shall furnish OCTA with insurance endorsements and certificates, evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder. D. The coverage shall be primary and any insurance or self- insurance maintained by OCTA shall be excess of the Licensee's insurance and shall not contribute to it. E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled or reduced in coverage or in limits, except only after thirty (30) days prior written notice has been given to OCTA. In the event OCTA learns that Licensee's insurance coverage is terminated and Licensee fails to provide adequate assurances that continuous coverage is being provided, OCTA, at its sole discretion, may obtain such coverage at Licensee's expense, F. OCTA retains the right to increase the amounts of coverage required by this Agreement as it determines are reasonably necessary to protect itself against potential liability caused by entering into this Agreement. OCTA shall give licensee 60 days' notice of the need for it to increase its coverage. By the end of the 60 days, Licensee shall provide proof of such coverage in the manner set forth above, Page 3 of 3 CERTIFICATE OF COVERAGE I 08/13/2015 PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, Alliant Insurance Services, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OR POLICY P.O. BOX 6450 BELOW: NEWPORT BEACH, CA 92658 -6450 COMPANIES AFFORDING COVERAGE PH (949) 756 -0271 / FAX (949) 756 -2713 _ _ _ LICENSE NO. OC36861 COMPANY LETTER (A) BIG INDEPENDENT CITIES EXCESS POOL BIG INDEPENDENT CITIES EXCESS POOL MEMBER: CITY OF SANTA ANA ATTN: ED RAYA RISK MANAGER P.O. BOX 1988 SANTA ANA, CA 92702 -1988 COMPANY LETTER (B) COMPANY LETTER (C) COMPANY LETTER (D) COMPANY LETTER (E) COMPANY LETTER (F) THIS IS TO CERTIFY THAT THE MEMORANDUM OF COVERAGE OR POUCY(IES) LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY OR MEMORANDUM PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGES AFFORDED BY THE MEMORANDUM OR POUCY(IES) DESCRIBED HEREIN ARE SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM OR POLICY. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO I TYPES LTR OF COVERAGES EXCESS LIABILITY A OCCURRENCE FORM INCLUDING AUTOMOBILE LIABILITY MEMORANDUM MEMORANDUM MEMORANDUM OR OR POLICY OR POLICY POLICY NUMBER EFFECTIVE I EXPIRES BO -05 I 07101/2015 I 07/01/2016 LIMIT DIFFERENCE BETWEEN BI & PD $10,000,000 POOL LIMIT AND COMBINED $1,000,000 SELF - INSURED RETENTION DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS: AS RESPECTS LICENSE AGREEMENT FILE OC -87 FOR USE OF TRIANGULAR SHAPED PIECE OF LAND LOCATED ADJACENT TO THE CITY OF SANTA ANA'S SANTIAGO PARK WATER RESERVOIR AT MP 173.51 IN THE CITY OF ORANGE, CALIFORNIA, FOR CITY OF SANTA ANA POLICE DEPARTMENT CANINE TRAINING FACILITY AND NOW INCLUDES BY FIRST AMENDMENT OC -87 -A TO LICENSE AGREEMENT LANDSCAPE NURSERY TO REPLENISH NATIVE AND RIPARIAN PLANTING IN THE CITY OF SANTA ANA PARKS., CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED SOLELY WITH RESPECT TO BODILY INJURY AND PROPERTY DAMAGE ARISING OUT OF OPERATIONS AS DESCRIBED BY OR ON BEHALF OF THE NAMED INSURED PER ATTACHED ENDORSEMENT. THIS CANCELS AND REPLACES CERTIFICATE ISSUED 06130/15 TO INCORPORATE AUGUST 4, 2015 Q - 87JOV' RST AMENDMENT TO LICENSE AGREEMENT DESCRIPTION. O eV�eW SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. R '16 ORANGE COUNTY TRANSPORTATION AUTHORITY ATTN: PROJECT MANAGER RIGHT -OF -WAY P.O. BOX 14184 ORANGE, CA 92863 -1584 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I!4] THIS ENDORSEMENT DOES NOT CHANGE THE MEMORANDUM. PLEASE READ IT CAREFULLY. ADDITIONAL COVERED PARTY — COVERED INDEMNITY CONTRACT This endorsement indentifies coverage provided under the following: BICEP MASTER MEMORANDUM OF LIABILITY COVERAGE The following wording can be found in Section II, Definitions: 6. COVERED PARTY -- means: f. Any person or entity holding a certificate of coverage duly issued by BICEP, as limited therein ( "ADDITIONAL COVERED PARTY "). An ADDITIONAL COVERED PARTY is not covered for claims arising from the ADDITIONAL COVERED PARTY's sole negligence or for claims by another COVERED PARTY. g. Any person, entity or organization to whom the COVERED PARTY is obligated by virtue of a COVERED PARTY INDEMNITY CONTRACT to provide coverage solely with respect to BODILY INJURY AND PROPERTY DAMAGE arising out of: i. Premises leased, used or occupied by the COVERED PARTY ii. AUTOMOBILES leased or rented by the COVERED PARTY iii. Equipment owned, leased, rented, maintained or used by the COVERED PARTY iv. Mortgagees of the COVERED PARTY; or v. Property owners and property managers of property owned, leased, rented or occupied by the COVERED PARTY, vi. However, these COVERED PARTY INDEMNITY CONTRACT coverages do not apply to: aa. An OCCURRENCE which takes place prior to or after the COVERED PARTY ceases to occupy the premise stated in the COVERED INDEMNITY CONTRACT, bb. Any structural alternation, new construction or demolition operations performed by or on behalf of the COVERED PARTY cc. Any PUBLIC ENTITY ERRORS AND OMISSIONS or EMPLOYMENT PRACTICES. h. The coverage set forth in subsection (g) immediately above will be limited to any limits of coverage within the terms of the COVERED INDEMNITY CONTRACT or the LIMITS OF COVERAGE within this MEMORANDUM, whichever is less, and will apply in excess to any underlying insurance or the COVERED PARTY'S SELF - INSURED RETENTION. BICEP will not be obligated for LIMITS OF LIABILITY greater than that provided by this MEMORANDUM. edgy. PSG 712014 Ed BICEP MOC Attachment Page 1 of I