HomeMy WebLinkAboutC-5825 - Access AgreementAMENDMENT NO. ONE TO
ACCESS AGREEMENT
WITH HARBOR DAY SCHOOL
THIS AMENDMENT NO. ONE TO ACCESS AGREEMENT ("Amendment No.
One") is made and entered into as of this 6th day of June, 2014 ("Effective Date") by
and between the CITY OF NEWPORT BEACH, a California Municipal Corporation
("City"), and HARBOR DAY SCHOOL, a California nonprofit corporation ("Grantee"),
whose address is 3443 Pacific View Drive, Newport Beach, California 92625 and is
made with reference to the following:
RECITALS
A. On May 2, 2014, City and Grantee entered into an Access Agreement for
access to the property commonly known as Big Canyon Reservoir located at 3300
Pacific View Drive, Newport Beach, California [Assessor's Parcel Number 458-331-01]
("Property') for purposes of conducting a topographical survey.
B. Grantee proposes to lease approximately 0.69 acres of the Property
("Premises") to construct a parking lot for: (i) temporary parking for carpools dropping off
and picking up students who attend Harbor Day School; (ii) parking for events
associated with Harbor Day School activities; and (iii) incidental lighting related to such
purposes so long as all lighting is screened to minimize glare to neighboring residents
(collectively, "Parking Lot").
C. City and Grantee desire to extend the term of access to the Property.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on May 2, 2014 and shall terminate
upon the effective date of a lease for the use of the Premises, or by July 31, 2014,
whichever occurs first, unless terminated earlier as set forth herein.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S PFFICE a California municipal corporation
Date: 4c N /q Date:
By:cco By:
Aaron .74 r ,y Dave--Kfffe
City Attorney City City Manager
ATTEST: b-ol, I
Date:
By: /1
�J,,� C� tA�S�
Leilani I. Brown
City Clerk
GRANTEE: HARBOR DAY SCHOOL, a
California nonprofit corporation
Date:
Bv:
Von Der Ahe
President, Board of Trustees
Date:
Bv:
Dr. Dan Greenwood
Head of School
[END OF SIGNATURES]
Harbor Day School Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORN�Y'S OFFICE a California municipal corporation
Date: S I � Date:
By: A/14 �r) By:
Aaron arp Dave Kiff
City Attorney 19 City Manager
ATTEST: GRANTEE: HARBOR DAY SCHOOL, a
Date: California none of_it corporation
Date:
By: By. /er
Leilani I. Brown Vone
City Clerk President, Board of Trustees
Date:
By:
r. Dan Greenwood
Head of School
[END OF SIGNATURES]
Attachments:
Exhibit A: Property Depiction
Exhibit B: Premise Description and Depiction
Exhibit C: Insurance Requirements
Harbor Day School Page 7
EXHIBIT "A"
PROPERTY DEPICTION
Harbor Day School Page A-1
EXHIBIT "B"
PREMISES' DEPICTION & DESCRIPTION
Harbor Day School Page B-1
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ACCESS AGREEMENT
WITH HARBOR DAY SCHOOL
THIS ACCESS AGREEMENT ("Agreement") is made and entered into as of this
2nd day of May, 2014 ("Effective Date") by and between the CITY OF NEWPORT
BEACH, a California Municipal Corporation ("City"), and HARBOR DAY SCHOOL, a
California nonprofit corporation ("Grantee"), whose address is 3443 Pacific View Drive,
Newport Beach, California 92625 and is made with reference to the following:
RECITALS
A. City is the owner of the property, structures, and improvements commonly
known as Big Canyon Reservoir located at 3300 Pacific View Drive, Newport Beach,
California [Assessor's Parcel Number 458-331-01] ("Property'). The Property is
approximately 4.68 acres and depicted on Exhibit "A."
B. City owns the Property pursuant to an Agreement between the City and
the Irvine Company dated April 3, 1957, as amended ("Deed").
C. Grantee is the owner of the property, structures, and improvements
commonly known as Harbor Day School, located at 3443 Pacific View Drive, Newport
Beach, California ("Harbor Day School"). Harbor Day School is operated as a private
school with instruction for kindergarten through eighth grade.
D. Grantee proposes to lease approximately 0.69 acres of the Property
("Premises") to construct a parking lot for: (i) temporary parking for carpools dropping off
and picking up students who attend Harbor Day School; (ii) parking for events
associated with Harbor Day School activities; and (iii) incidental lighting related to such
purposes so long as all lighting is screened to minimize glare to neighboring residents
(collectively, "Parking Lot"). The Premises is depicted and legally described on Exhibit
"B
E. Prior to entering a lease for the Parking Lot, Grantee seeks access to the
Property for purposes of conducting a topographic survey.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date and shall
terminate upon the effective date of a lease for the use of the Premises, or by May 31,
2014, whichever occurs first, unless terminated earlier as set forth herein.
Harbor Day School Page 1
2. GRANT OF LICENSE
City hereby grants Grantee a non-exclusive revocable license ("License') to enter
the Premises during the term of this Agreement for the limited purpose of performing
topographic survey work at the Premises during reasonable business hours, in
accordance with the terms of this Agreement. The License may be revoked by City, at
any time and without cause, or advance notice.
3. TERMS OF ACCESS
The topographic survey work shall be performed during reasonable business
hours and City shall have the right to have a City representative present during the
performance of all work. Grantee shall submit a written request to enter the Property to
the License Administrator at least seventy-two (72) hours prior to the requested entry
date. Grantee covenants and agrees to perform the work in such a manner and at such
times so as not to (1) interfere with the operations of the City, or (ii) materially interfere
with the use of and access to the Property by City. Grantee shall provide City, free of
charge, with copies of all reports and tests conducted as a result of this Agreement.
4. OBLIGATION TO RESTORE
If the Property is damaged in any manner as a result of any (i) entry upon, use or
occupancy of the Property, or (ii) performance of any work, in each case by Grantee or
any of its affiliates, partners, agents, employees, invitees, representatives, consultants,
contractors or subcontractors, Grantee shall, at its sole cost and expense, promptly and
with due diligence fully restore and repair the Property to the same condition as existed
prior to such entry, use or occupancy or performance of the work; provided, however,
that Grantee shall not be obligated to restore or repair any damage to the Property
resulting from its work in the event that City has granted Grantee its approval to not
undertake such repair or restoration.
5. QUALIFIED CONTRACTOR
Grantee covenants and agrees that any person or entity, whether a direct
employee of Grantee or not, that performs any portion of the work will (i) possess any
and all necessary licenses, certifications and/or permits required by applicable law to
perform the portion of the topographic survey work in question
6. HOLD HARMLESS
6.1 Grantee shall indemnify, defend and hold harmless City, its City Council,
boards and commissions, officers, agents, volunteers, and employees (collectively, the
"Indemnified Parties") from and against any and all claims (including, without limitation,
claims for bodily injury, death or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court costs)
of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which
may arise from or in any manner relate (directly or indirectly) to any breach of the terms
Harbor Day School Page 2
and conditions of this Agreement, any work performed or services provided under this
Agreement including, without limitation, defects in workmanship or materials or
Grantee's presence or activities conducted that relate in any way to this Agreement
(including the negligent and/or willful acts, errors and/or omissions of Grantee,
employees, vendors, suppliers, and anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them). Notwithstanding the
foregoing, nothing herein shall be construed to require Grantee to indemnify the
Indemnified Parties from any Claim arising from the sole negligence or willful
misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as
authorizing any award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless of whether
any insurance policies are applicable. The policy limits do not act as a limitation upon
the amount of indemnification to be provided by the Grantee.
6.2 Grantee shall be liable and responsible for the security, repair and
maintenance of the Premises to the extent necessitated by Grantee's use of the
Premises under this Agreement, for such time as this Agreement is in effect. Grantee
shall use care to protect the Premises and restore it to its original condition to the
satisfaction of the City when the Premises is not in use by Grantee.
7. INSURANCE
Without limiting Grantee's indemnification of City, and prior to commencement of
work, Grantee shall obtain, provide and maintain at its own expense during the term of
this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
8. PROHIBITION AGAINST ASSIGNMENT AND TRANSFER
This License shall not be assigned or transferred without the prior written
approval of City which approval may be withheld in the City's sole discretion.
9. CONFLICT OF INTEREST
The Grantee or its employees may be subject to the provisions of the California
Political Reform Act of 1974 ("Act"), which (a) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this License, and (b) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest. If subject to the
Act, Grantee shall conform to all requirements of the Act. Notwithstanding Section
9.1.3, failure to conform to the requirements of the Act constitutes a material breach and
is grounds for immediate termination of this License by City. Grantee shall indemnify
and hold harmless City for any and all claims for damages resulting from Grantee's
violation of this Section.
10. NO LIENS
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Grantee shall not permit any mechanic's or other lien or security interest to be
filed against the Property as a result of any activities by Grantee or its agents,
employees, representatives, consultants, contractor or subcontractors. It is the intent of
Grantee and City that nothing contained in this Agreement shall (i) be construed as a
waiver of City's legal immunity against mechanic's liens on its property and/or its
constitutional and statutory rights against implied consent or permission of City for the
performance of any labor or services for, or the furnishing of any materials to, Grantee
that would give rise to any such mechanic's lien against City's interest in the Property,
City or any property of City, or imposing any liability on City for any labor or materials
furnished to or to be furnished to Grantee upon credit.
11. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. The City's Real Property Administrator shall be the License Administrator
and shall have the authority to act for City under this Agreement. The License
Administrator or their authorized representative shall represent City in all matters
pertaining to this Agreement.
12. NOTICES
12.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
12.2 All notices, demands, requests or approvals from Grantee to City shall be
addressed to City at:
Attn: Real Property Administrator
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
12.3 All notices, demands, requests or approvals from City to Grantee shall be
addressed to Grantee at:
Attn: Dr.Dan Greenwood, Head of School
Harbor Day School
3443 Pacific View Drive
Newport Beach, CA 92625
Harbor Day School Page 4
13. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Grantee shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Grantee's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Grantee in writing as unsettled at the time of its final request for payment.
Grantee and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Grantee shall be required to file any claim Grantee may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
14. STANDARD PROVISIONS
14.1 Recitals. City and Grantee acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
14.2 Compliance with all Laws. Grantee shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Grantee shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
14.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
14.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
14.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
14.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
14.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Grantee and City and approved as to form by the
City Attorney.
Harbor Day School Page 5
14.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
14.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
14.10 Equal Opportunity Employment. Grantee represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
14.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
14.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Harbor Day School Page 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ,�-/) I I`
By: �'\
Aaron r
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: S k � SA% !!�
k -c) By: G...-1
Dave
City Manager
ATTEST:
Date: b')�' N
By:
6MA--
Leilani I. Brown
City Clerk
,a
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ORN�
Attachments:
GRANTEE: HARBOR DAY SCHOOL, a
California nonprofit corporation
Date:
Bv:
Von Der Ahe
President, Board of Trustees
Date:
Bv:
Dr. Dan Greenwood
Head of School
[END OF SIGNATURES]
Exhibit A: Property Depiction
Exhibit B: Premise Description and Depiction
Exhibit C: Insurance Requirements
Harbor Day School Page 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: S I I `t
By:�_ C�
Aaron C. arp
City Attorney
ATTEST:
Date:
By.-— ---
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:_-_,_ -
Dave Kiff
City Manager
GRANTEE
California r
Date: s`
_. _ By:
HARBOR DAY SCHOOL, a
iprofit corporation
President, Board of Trustees
By:
N—D r. Dan Greenwod
`
NNe of Schoolo
r
[END OF SIGNATURES)
Exhibit A: Property Depiction
Exhibit B: Premise Description and Depiction
Exhibit C: Insurance Requirements
Harbor Day School Page 7
EXHIBIT "B"
PREMISES' DEPICTION & DESCRIPTION
Harbor Day School Page B-1
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EXHIBIT "C"
INSURANCE
1. Provision of Insurance. Without limiting Grantee's indemnification of City, and
prior to commencement of work on Premises by Grantee or Grantee's agents,
representatives, consultants, contractors and/or subcontractors, Grantee shall
obtain, provide and maintain at its own expense during the term of this
Agreement policies of insurance of the type and amounts described below and in
a form satisfactory to City. Grantee agrees to provide insurance in accordance
with requirements set forth here. If Grantee uses existing coverage to comply
and that coverage does not meet these requirements, Grantee agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the insurance commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
rating of a- (or higher) and financial size category class vii (or larger) in
accordance with the latest edition of best's key rating guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Grantee and Grantee's agents,
representatives, consultants, contractors and/or subcontractors, shall
maintain Workers' Compensation Insurance, statutory limits, and
Employer's Liability Insurance with limits of at least one million dollars
($1,000,000) each accident for bodily injury by accident and each
employee for bodily injury by disease in accordance with the laws of the
State of California, Section 3700 of the Labor Code.
Grantee and Grantee's agents, representatives, consultants, contractors
and/or subcontractors, shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
B. General Liability Insurance. Grantee and Grantee's agents,
representatives, consultants, contractors and/or subcontractors, shall
maintain commercial general liability insurance, and if necessary umbrella
liability insurance, with coverage at least as broad as provided by
Insurance Services Office form CG 00 01, in an amount not less than ten
million dollars ($10,000,000) per occurrence, ten million dollars
($10,000,000) general aggregate. The policy shall cover liability arising
from premises, operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
Harbor Day School Page C-1
C. Automobile Liability Insurance. Grantee and Grantee's agents,
representatives, consultants, contractors and/or subcontractors, shall
maintain automobile insurance at least as broad as Insurance Services
Office form CA 00 01 covering bodily injury and property damage for all
activities of Grantee arising out of or in connection with work to be
performed at the Premises, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than five million dollars
($5,000,000) combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Grantee shall
require that Grantee's consultants, contractors and/or subcontractors
providing any design, engineering, surveying or architectural services for
the Premises maintain professional liability insurance that covers the
services to be performed, in the minimum amount of one million dollars
($1,000,000) per claim and two million dollars ($2,000,000) in the
aggregate. Any policy inception date, continuity date, or retroactive date
must be before the Effective Date of this Agreement and Grantee shall
require that Grantee's consultants, contractors and/or subcontractors
agree to maintain continuous coverage through a period no less than
three (3) years after completion of the services performed.
E. Automobile Liability Insurance. Grantee and Grantee's consultants,
contractors and/or subcontractors shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of Grantee or all activities of
Grantee's consultants, contractors and/or subcontractors arising out of or
in connection with work to be performed on the Premises, including
coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than five million dollars ($5,000,000) combined single limit
each accident.
F. Builder's Risk Insurance. During construction, Grantee shall require that
Grantee's construction contractors and subcontractors maintain Builders
Risk insurance or an installation floater as directed by City, covering
damages to the work for "all risk" or special causes of loss form with limits
equal to 100% of the completed value of the work, with coverage to
continue until final acceptance of the work by Grantee and City. City shall
be included as an insured on such policy, and Grantee shall provide City
with a copy of the policy.
G. Pollution Liability Insurance. Grantee shall require that Grantee's
construction contractors and subcontractors maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability
of no less than two million dollars ($2,000,000) per loss and in the
aggregate per policy period dedicated to this project. The CPL shall be
obtained on an occurrence basis for a policy term inclusive of the entire
period of construction. If all or any portion of CPL coverage is available
Harbor Day School Page C-2
only on a claims -made basis, then a 10 -year extended reporting period
shall also be purchased. The CPL policy shall include coverage for
cleanup costs, third -party bodily injury and property damage, including
loss of use of damaged property or of property that has not been
physically injured or destroyed, resulting from pollution conditions caused
by contracting operations. Coverage as required in this paragraph shall
apply to sudden and non -sudden pollution conditions resulting from the
escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals,
liquids, or gases, waste materials, or other irritants, contaminants, or
pollutants. The CPL shall also provide coverage for transportation and off-
site disposal of materials. The policy shall not contain any provision or
exclusion (including any so-called "insured versus insured" exclusion or
"cross -liability" exclusion) the effect of which would be to prevent, bar, or
otherwise preclude any insured or additional insured under the policy from
making a claim which would otherwise be covered by such policy on the
grounds that the claim is brought by an insured or additional insured
against an insured or additional insured under the policy.
4. Endorsements: Policies shall contain or be endorsed to contain the following
provisions:
A. Additional Insured Status. City, its elected or appointed officers, officials,
employees, agents and volunteers are to be covered as an additional
insured under all general liability and pollution liability policies with respect
to liability arising out of Grantee's activities related to this Agreement and
with respect to use or occupancy of the Premises.
B. Primary and Non Contributory. Policies shall be considered primary
insurance as respects to City, its elected or appointed officers, officials,
employees, agents and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from Grantee's operations. Any
insurance maintained by City, including any self-insured retention City
may have, shall be considered excess insurance only and not contributory
with the insurance provided hereunder.
C. Liability Insurance. Liability insurance shall act for each insured and
additional insured as though a separate policy had been written for each,
except with respect to the limits of liability of the insuring company.
D. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Grantee or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Grantee hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its consultants, contractors or subcontractors.
Harbor Day School Page C-3
E. Reporting Provisions. Any failure to comply with reporting provisions of
the policies shall not affect coverage provided to City, its elected or
appointed officers, officials, employees, agents or volunteers.
F. Notice of Cancellation. The insurance required by this Agreement shall
not be suspended, voided, canceled, or reduced in coverage or in limits
except after thirty (30) calendar days (ten (10) calendar days written notice
of non-payment of premium) written notice has been received by City. It is
Grantee's obligation to ensure that provisions for such notice have been
established.
G. Loss Payee. City shall be included a loss payee under the commercial
property insurance.
5. Additional Requirements.
A. In the event City determines that (i) the Grantee's activities on the
Property creates an increased or decreased risk of loss to the City, (ii)
greater insurance coverage is required due to the passage of time, or (iii)
changes in the industry require different coverage be obtained, Grantee
agrees that the minimum limits of any insurance policy required to be
obtained by Grantee or Grantee's consultants, contractors or
subcontractors, may be changed accordingly upon receipt of written notice
from City; provided that Grantee shall have the right to appeal a
determination of increased coverage to the City Council within fourteen
(14) calendar days of receipt of notice from the Risk Manager in the
manner provided in Municipal Code Sections 17.65.010 et seq. (or any
amended or successor Code section or ordinance) If Grantee fails to
timely appeal a decision, it shall be deemed final. With respect to
changes in insurance requirements that are available from Grantee's then -
existing insurance carrier, Grantee shall deposit certificates evidencing
acceptable insurance policies with City incorporating such changes within
thirty (30) calendar days of receipt of such notice. With respect to
changes in insurance requirements that are not available from Grantee's
then- existing insurance carrier, Grantee shall deposit certificates
evidencing acceptable insurance policies with City, incorporating such
changes, within ninety (90) calendar days of receipt of such notice.
B. Any deductibles applicable to the commercial property or insurance
purchased in compliance with the requirements of this section shall be
approved by City.
C. Grantee and Grantee's consultants, contractors and/or subcontractors
shall be subject to the insurance requirements contained herein unless
otherwise specified in the provisions above or written approval is granted
by the City. Grantee shall verify that all consultants, contractors and/or
subcontractors maintain insurance meeting all the requirements stated
Harbor Day School Page C-4
hrein, and Grantee shall ensure that City is an additional insured on
insurance required from contractors. consultants and/or subcontractors.
D. For General Liability coverage, contractors, consultants and/or
subcontractors shall provide coverage with a format at least as broad as
provided by Insurance Services Office form CG 203 80413.
E. If Grantee maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for the higher limits
maintained by the tenant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available
to the City.
F. Grantee shall give City prompt and timely notice of any claim made or suit
instituted arising out of or resulting from Grantee or Grantee's agents,
representatives, consultants, contractors or subcontractors performance
under this Agreement.
G. Grantee shall provide certificates of insurance, with original endorsements
as required above, to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City prior to
commencement of work or issuance of any permit. Current certification of
insurance shall be kept on file with City at all times during the term of this
Agreement.
H. All required insurance shall be in force on the Effective Date, and shall be
maintained continuously in force throughout the term of this Agreement.
In addition, the cost of all required insurance shall be borne by Grantee or
by Grantee's consultants, contractors or subcontractors.
If Grantee or Grantee's consultants, contractors or subcontractors fail or
refuse to maintain insurance as required in this Agreement, or fail to
provide proof of insurance, City has the right to declare this Agreement in
default without further notice to Grantee, and City shall be entitled to
exercise all available remedies.
J. Grantee agrees not to use the Premises in any manner, even if use is for
purposes stated herein, that will result in the cancellation of any insurance
City may have on the Premises or on adjacent premises, or that will cause
cancellation of any other insurance coverage for the Premises or adjoining
premises. Grantee further agrees not to keep on the Premises or permit
to be kept, used, or sold thereon, anything prohibited by any fire or other
insurance policy covering the Premises. Grantee shall, at its sole
expense, comply with all reasonable requirements for maintaining fire and
other insurance coverage on the Premises.
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