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Resolution No. 2013-033 (3)CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: MA i (x CTC \lS 1.1C' C-3 � r)Q-t'-'�Yoo t CONTRACT PURPOSE: ti G b E ry t i� �1 Z<t rvt CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID o EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES O MATERIALS O BUDGETED O NOT BUDGETED TOTAL CONTRACT VALUE: $ O Charge Acet. No(s) Amendment Value $ _ ❑ Contract is an Amendment to Contract No. - (if Applicable) RESPONSIBLE DEPARTMENT PERSON: PHONE: X 2-'-1-5 AUTHORIZATION: WApproved by Council on V l45 (Check One) Resolution NolOk$-i3 (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by (if applicable) ROUTING SEQUENCE: (Please Follow In Order - Do not use N/A) Initials Date (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of Contract, insurance & bond documents, certifies compliance With Competitive Bidding and Purchasing Ordinance 5IA-0 �3 (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) V 9N 7 Checks compliance with Competitive Bidding & LivinP Wage Ordinances And reflected in current budget N 0 "u Y'T � h 1PP PT (4) City Attorney Approves contract as to form, verifies bonds and insurance included 4 7 (5) City Signatory \F'signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor D �, Rev. 425113 METAH-1 OP ID: SH CERTIFICATE OF LIABILITY INSURANCE OATo6iO3D/YYYY) FOB/03/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder In lieu of such endomement(s). PRODUCER 818-763-9365 CONTACT NAME: ISU Vansa Insurance Services 12155 Riverside Drive 818-762-2242 PHONE ac No: E-MAIL DSS: Valley Village,CA 97607 LPUMYc. INSURER(S) AFFORDING COVERAGE NAIC% INSURERA:AIIIed Insurance 42579 INSURED Meta Housing Corporation INSURERB:Oak River Insurance 34630 1640 S. Sepulveda Blvd. #425 Los Angeles, CA 90025 INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYF MMDDYEXP LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F-IOCCUR X ACPBP07811039750 03MS/13 03115114 EACH OCCURRENCE $ 2,000,000 PREMISES Ea occurrence $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY E 2,000,00 GENERALAGGREGATE $ 4,000,000 GEML AGGREGATE X POLICY LIMIT APPLIES PER: PR LOC PRODUCTS-COMP/OP AGO E 4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO AU OS SCHEDULED AUTOS AUTOS HIRED AUTOS X NON-0WNED AUTOS .. CP PO]81103730 SURANCE OF 03115/13 PP 03115/14 OV COMBINED SINGLE LIMIT Ea accident E Included BODILY INJURY (Per Person) $ INJURY (Per accident) EY RTY DAMAGE eraccident $ UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVEY� Mandator, In BERNH) EXCLUDED? (Myaendatary In NH) DESCRIPTION OF OPERATIONS below 122110003185 DATE 0110 113 0 101/14 X WCSTATT OTH- E.L. EACH ACCIDENTOFFICE $ 1,000r000 "000"0 AUL KIE .L.DISEASE-EA EMPLOYE $ ..DISEASE -POLICY LIMIT $ 1,000,00 •SK PROPERTY 183,60 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks schedule, If more space Is required) Certificate holder is named as additional insured as respects opearations of the named insured. 30 days notice of cancellation except 10 days for non payment of premium City of Vernon, its officers, agents and employees 4305 Santa Fe Avenue Vernon, CA 90058 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ACPBP07811039750 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) 4G75 52nd Drive of Vernon, its officers, agents and Vernon, CA. 90058 Santa Fe Avenue CA. 90058 Information required to complete this Schedule if not shown above will be shown in the Declarations. I A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. INSURANCE APPROVED CITY OF VERNON RISK MANAGEMENT DA E PAUL RISK MANAGER ER L ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a prin- cipal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 June 10, 2013 Christopher B. Maffris Vice President Meta Housing Corporation 1640 S. Sepulveda Blvd., Suite 425 Los Angeles, CA 90025 RE: Right of Entry Agreement Dear Mr. Maffris: The insurance requirements have been met. Please find enclosed a fully executed original agreement as referenced above, approved by City Council on February 19, 2013, through Resolution No. 2013-33. If you have any questions, please contact Kevin Wilson at (323) 583-8811 extension 245. Thank you. Since! ly, 4eora 2R. ar Records Management Assistant Enclosure c: S. Kevin Wilson Purchasing Department Resolution No. 2013-33 Agreement File No. 13-014 E�Y,cfusivefy Industrid RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Agreement') is entered into as of May 31 2013 by and between the City of Vernon, a California charter city and municipal corporation ("City"), and Meta Housing Corporation, a California corporation ("Licensee"). City and Licensee hereby agree as follows: 1. Grant of License. City hereby grants Licensee temporary permission to enter upon that certain real property located at 4675 52"d Drive in the City of Vernon (the "Property") from any public right-of-way for the purposes of performing the Permitted Activities, as described in Section 3 hereof. The Property is depicted on Exhibit "A" which is attached hereto and incorporated herein. 2. Terms of License. Subject to the conditions, stipulations and provisions stated in this Agreement, City grants revocable, non-exclusive permission to Licensee to enter the Property Monday through Friday during normal City business hours and perform Permitted Activities as described in Section 3 of this Agreement. Licensee is prohibited from doing any activity on the Property that is not expressly stated to be one of the Permitted Activities. Licensee shall provide notice to City of any entry onto the Property at least 24 hours in advance of entry. This Agreement shall expire on the earliest of (1) completion of the Permitted Activities, or (2) September 1, 2013, whether or not the Permitted Activities are complete. 3. Permitted Activities. Licensee is permitted to undertake the following activities (the "Permitted Activities") on the Property: Geotechnical investigations 4. Permits Required. Licensee and its employees and agents shall comply with, and shall assure the compliance of invitees with, all laws, statutes, ordinances and regulations that are applicable to any of its activities upon the Property, whether or not Permitted Activities, including and without limitation to, obtaining all approvals, permits and licenses required for such activity. 5. Reservation of Rights. City reserves the right to use the Property so long as such use does not unreasonably interfere with the use of the Property by Licensee. 6. Inspection of Property. Licensee and its employees and agents have inspected the Property and represent to City that they are aware of or will make themselves aware of any dangerous conditions on the Property, whether or not readily discoverable. Licensee accepts the Property in its present condition, and agrees that it will make the Property safe for any activity under its care and control on the Property, whether or not Permitted Activities, and that City is not and shall not be obligated to make the Property safe or suitable for use by Licensee or for anyone on the Property at the invitation or sufferance of Licensee, or otherwise to prepare the Property or access to the Property in any manner whatsoever. 7. Repair and Restoration of Property. Upon the completion of the Permitted Activities, Licensee shall leave the Property in the same condition as it existed when the 1018880.1 - 1 Agreement commenced. Licensee shall immediately repair, at its expense, any and all damage to the Property caused by Licensee's use thereof pursuant to this Agreement. Upon termination of this Agreement, Licensee shall remove all personal property from the Property. Should anyone on the Property at the invitation or sufferance of Licensee leave any personal property on the Property beyond the term provided in this Agreement, City shall have the right without notice to sell, destroy, or otherwise dispose of such property or to remove and store such property at Licensee's expense. 8. Liens. Licensee shall pay in full all persons who perform labor or provide materials for the Permitted Activities, The licensee shall not permit or suffer any mechanic's liens of any kind or nature to be enforced against any parcel of the City for any work performed by Licensee pursuant to this Agreement. The Licensee shall indemnify and hold harmless the City from and against any and all liens, claims, demands, costs or expenses whatsoever arising out of or related to such labor performed or materials furnished. This indemnity shall survive the expiration of this Agreement. 9. Limited Liability; Licensee Property. City does not assume, by this Agreement or otherwise, any responsibility for, or to protect against, any loss, damage, theft or vandalism of any property or material which Licensee may place upon the Property. 10. Indemnification; Limitation of Liability. Licensee agrees to and shall, indemnify, defend and hold harmless City and its officers, employees and agents from all demands, claims, losses, damages, including property damage, personal injury, including death, costs (including attorney fees), arising out of or directly or indirectly connected in any way whatsoever with the Permitted Activities or otherwise related to use of or entry onto the Property by Licensee, its employees, agents, or invitees, except those matters caused by the sole negligence of City. This indemnity shall survive the expiration of this Agreement. 11. Insurance. Licensee shall take out and maintain at all times covered by this Agreement comprehensive general public liability insurance with liability limits of not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) annual aggregate, insuring against claims for personal injury and property damage that may occur, upon or about the Property, which insurance shall name the City, its officers, agents and employees as additional insureds. Such insurance shall be primary insurance as to the City without contribution by the City's other insurance policies or its self insured retention. No rights are granted by this Agreement unless and until an endorsement of such insurance is provided to City, in a form and by a carrier approved by the City's legal counsel. The endorsement shall provide that such insurance may not be cancelled or materially amended without at least ten (10) days prior written notice to the City. Additionally, proof of workers compensation shall be submitted to the City and shall be maintained for the duration of the agreement. 12. Assignment. This Agreement shall not be assigned. Any purported assignment of this Agreement or of any interest in this Agreement shall be void and of no effect. 13. Integration. This Agreement between the parties contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force and effect except as to subsequent modifications in writing signed by both the parties. 1018880.1 2 IN WITNESS HEREOF, the parties hereto have executed this Agreement effective as of May31 12013. A gEST: 1 Dana Reed, Interim City Clerk APPROVED AS TO FORM: c /�//l Nicholas George Rodriguez, City Attorney ICronick Moskovitz Tiedemann & Girard, Special Counsel to City CITY: CITY OF VERNON, a California charter city and municipal corporation By:�i , Marl hitworth, City Administrator LICENSEE: META HOUSING CORPORATION, a California corporation By: By: 1018880.1 IN WITNESS HEREOF, the patios hereto, have executed this Agreement effective as of May 31 2013. ATTEST: City Clerk APPROVED AS TO FOM George Rodrigue4 & Girard, Counsel CITY* CITY OF VERNON, a CalMwnia dmUr city, and municipal corporation By; LICENSEE: META HOUSING CORPORATION, a Caffqmia corporation BY: Byo 1018890.1 3, EXHIBIT A EXHIBIT "A" SITE MAP 1018880.1 4 I iP1Yn "1166ii„ �. ]A .12.6EN CIA nn1 a O j O S j Iw .soael asa.6[.EEx �e ; I (Q .� asno eN a> .6aE61 i s; s LO �tl 19 s sa S s O j b Nk LQ I 1 r IQ a � I 16EA2.EEN -Y. ctl) .89962 W '86962,n Q� J w��d'QAla DIlNV-IIV