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Home My WebLink About2010-023 Temp Access Const Easement - Clay St - AGREEMENT TO ALLOW TEMPORARY ACCESS AND USE OF PRIVATE PROPERTY FOR THE PURPOSE OF CONSTRUCTION STAGING & STORAGE Dated: February 26, 2010 Parties: Housing Authority of Jackson County (Developer) 2251 Table Rock Road Medford, OR 97501 Adroit Development Co., Inc. (Contractor) PO Box 609 AsWand, OR 97520 City of Ashland (City) 20 E. Main Street Ashland, OR 97520 Recitals: The Housing Authority of Jackson County hereby referred to as "Developer" and Adroit Development Company, Inc. hereby referred to as "Contractor" have entered into an Agreement to build a sixty-unit apartment complex known as Snowberry Brook located at 350 Clay Street, Ashland Oregon. To facilitate construction of Snow berry Brook the Developer and Contractor have requested from the City of Ashland, hereby referred to as "City", permission to temporarily allow access to the City's property located at 380 Clay Street, Ashland, Oregon, hereby referred to as the "Property" for the purpose of construction staging, placement of a construction job trailer(s), parking, and material storage, and temporary soil stock pile during construction of Snowberry Brook. Agreement: Therefore City has granted permission in this revocable license agreement to Developer and Contractor access and use of City's described Property under the flowing conditions: I) Developer and Contractor shall indenmify and hold harmless City and City's respective agents and employees from and against all claims, damages, losses and expenses, including attorney's fees arising or resulting directly or indirectly from the actions of the Developer and/or Contractor during use of City's Property whether relating to personal injury, death, property damage, failure to perform to applicable laws, rules and regulations. 2) City has no responsibility to insure or protect Developer or Contractor's materials or equipment from damage or loss. Developer and Contractor shall be solely responsible for materials, equipment and shall carry all necessary insurance to protect the same. 3) Developer and Contractor shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to Property which may arise from or in connection with access to the Property. A) Commercial General Liability Insurance: Developer and Contraetor shall provide Commercial General Liability Insurance covering claims for bodily injury and property damage arising out of the Contractor' operations, independent contractors, with broad form property damage, liability assumed under this Agreement on a broad form blanket basis. TEMPORARY ACCESS AND USE LICENCE AGREEMENT PAGE J OF 3 '... B) Coverage shall be provided for indemnity obligations imposed by this Agreement. C) Coverage limits shall be in an amount not less than $1,000,000 for bodily injury and property damage for any single occurrence and $1,000,000 in the aggregate. E) A certificate of insurance shall be filed by Developer and Contractor with City with City named as an "Additional Insured" prior to the commencement of any use of City property by Developer or Contractor. The certificate(s) shall contain a provision that coverages afforded under the policies cannot be canceled and restrictive modifications cannot be made until at least 30-days' prior written notice has been given to the City, 4) Developer and Contractor agree to return City Property 10 its original condition as of the origination date of this agreement. Prior to expiration of this Agreement, Contractor shall notify City that job trailer(s), all stored material, equipment and stockpiled soil has been removed and allow City's representative to inspect City property to ensure Property is returned to its original state. 5) Stored material and equipment shall be located on City Property as follows: A) Construction trailer(s) and parking: The area along Clay Street directly in front of the existing fann house. B) Construction material storage: The area directly to the east and adjacent to the existing bam between future Villard Street, future McCall Drive and the Southern property line. C) Temporary soil stockpile: The area adjacent to Engle Street. 6) Term of this agreement and temporary use of City Property as described above shall begin on March 1,2010 and terminate no later than March 1,2011. [The remainder of this page intentionally left blank. The next page is the signature page.] TEMPORARY ACCESS AND USE LICENCE AGREEMENT PAGE 2 OF 3 ... , '-... IN WITNESS WHEREOF, the partics hercto have executed this Agreement as of the date first set forth above. DEVELOPER Housing Authority of Jackson County By: ::: >{,'\~ Scott Foster, ExecutiveTIirector CONTRACTOR Adroit Development Company, Inc. By: !Siv-t ~ Steve Lawrcnce, President CITY City of Ashland By: TEMPORARY ACCESS AND USE LICENCE AGREEMENT PAGE 3 OF 3 ~ .i4.CORD'b CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 10/14/2009 PROOUCER (541)772-1111 FAX: (541)772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beecher carlson 7nsurance Aqency LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Murphy lid ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:American safety :Insurance CO Adroit Development Co Inc INSURER B: SAJ:F 52412 PO Box 936 INSURER c:Western Surety Company INSURERD:Liberty Ins undezwriters Inc Ashland, OR 97520 INSURER E: Travelers Prop Cas Co of ADler COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR r.,o.;;~ ~.., POLICY t>lJMBER &~~~~~~g~ b~~rM'il~~ LIMITS LTR ~NERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERPJ... LIABILITY PREMISES Ea occurrencel $ 50 000 A I CLAIMS MADE [X] OCCUR 0.L0141560904 7/1/2009 7/1/2010 MED EX? (Anyone person) $ EXCLUDED PERSONAL & ADV INJJRY $ 1 000 000 GENERAl AGGREGATE $ 2 000 000 -il~ AGG~EnEILlMIT APFt[PER: PRODUCTS - COMP/OP AGG $ 2 000 000 X POLICY P.f~ LOC E ~OMOBILE LLABIUTY DT81059738729TIL09 3/1/2009 3/1/2010 COMBINED SINGLE LIMIT (Eaaccident) $ 1,000,000 ~ ANY AUTO - AlL OWNED AUTOS BODILY INJJRY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJJRY $ NON-Ow.JED AUTOS (Peracddenl) - PROPERTY OIlMAGE $ (Peracddent) ~~GE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ D ~~SS I UMBRELLA LIABILllY LQ1871190106019 3/1/2009 3/1/2010 EACH OCCURRENCE $ 5 000 000 X OCCUR D CLAJMS MPDE AGGREGATE $ 5 000 ODD $ ==1 ~EOUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION IT~Jm~< I IOJb'- AND EMPLOYERS' L1ABILllY V'N ANY PROPRIETORIPARTNERIEXECUTIVE D E.L. EACH ACCIDENT $ 500 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 66512 10/1/2009 10/1/2010 EL DISEASE - EA EMPLOYE $. 500 000 If yes, describe under 500 000 SPECIAl.. PROVISIONS below E.L. DISEASE- POLICY LIMIT $ C OTHERBOLI Bond B637467 10/31/2009 10/31/2010 Limit $30,0"00 (Statutory) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENTI SPECIAL PROVISIONS Re: Snowberry Brook Project. Certificate holder included as additional insured (excluding work comp) per attached endorsement ES981221005 where required by written contract. Subject to policy terms, condi tions and exclusions. . CERTIFICATE HOLDER CANCELLATION SHOLLD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION city of Ashland DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS YoftITTEN 20 East Main NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Ashland, OR 97520 IMPOSE NO OBLIGATION OR LIABILllY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORlZEDREPRESENTATlVE ..,.-- ~ ./;4. S Wilson, MI, AIC/SU :--"-t., ~ _ . J-U' "-. ACORD 25 (2009/01) INS025 (200901) @1988-2009ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD . ,.,.., THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASIC - ES 98 122 1005 .ADDITIOl\lAI INSURED EIIlDDRSEMENT- OWNERS, LESSEES OR CONTRACTORS (MODIFIED FORM B) (COMMERCIAL CONTRACTOR VERSION) This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. Name of Person or Organization: Project owners or general contractors, if other than a named insured, as well as their directors, officers and employees where required to be named as an Additional Insured in a written contract with the Named Insured entered into prior to the loss or occurrence, Effective Date: The later of the effective date of thi~ policy or the date on which "your work" first started on the applicable project for which this Endorsement applies, but in no event later than the policy expiration date or appliCable earlier terrninetion date ofthis policy. In consideration of the payment of premiums, it is hereby agreed that the following changes are Incorporated into the policy: WHO IS AN INSURED (SECTION II) is amended to include' as an insured the person or organization shown in the Schedule, but only with respect to liability arisin9 out of "your work" which is performed by the Named Insured for the Additional Insured on or after the effective date of this Endorsement. Coverage under this Endorsement applies only as respects a legally enforceable written contract with ,the Named Insured and only for 1i...l;>ililY, DiDg".o.JJLol Qr. relating to;the Named Insured's negligence and only for "bnrlily jnjwi'-"~r.operty--<Jamage' caused by an "occurrence" under Coverage A not otherwise excluded in the policy to which this Endorsement applies. This endorsement applies only to "your work" on or at "commercial construction projects". "Commercial construction projects" are defined as buildings or structures used solely for commercial use and not as dwellings with 24-hour occupancy and or living quarters. HOWever, buildings or str,uctures designed, built and ES 98122 1005 maintained solely for the purpose as an "apartment building or structure., shall be considered as "commercial construction projects". An "apartment buildin9 or structure" is defined as a building or structure with rooms or set of rooms fitted especially with housekeepfng facilities Wllich is self-contained and where all of said rooms are legally leased or rented as a dwelling or living space. If this policy includes a self-insured retention pr deductible endorsement, such endorsement shall apply and affect our obligations pursuanttp the policy. ,!U~.Jl!.rther understood and agreed that irrespective pf the number of entities named as insureds under this policy in no event shall the Company's limits of liability exceed the limits of liability designated in the Declarations. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. CopYright@ 2005 American Safety Indemnity Company Page 1 of 1 ~ ACORD" CERTIFICATE OF LIABILITY INSURANCE I . DATE (MMIDDIYYYY) ~ 10/14/2009 PRODUCER (541)772-1111 FAX: (541)772-3785 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Beecher carlson Insurance Aqency LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 707 Muzphy Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 INSURERS AFFORDING COVERAGE NAlC # INSURED INSURER A: American Hallmark Ins Co of 43494 Snowl>erry Brook LLC INSURER 8 2251 Tab1erock Road INSURER c: INSURER 0: Medford, OR 97501 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWrTHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLlCIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ~ _._~ n< '''sU''''O< POLICY NUMBER 6g~q~~~g~' b~w:rM~X,b~~ LIMITS Lm A X ~NERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAl GENERAL LIABILITY I PREMIS~S Ea occurrencel $ 100 000 l CLAIMS MADE (iJ OC~UR 4CL461860 10/22/2009 10/22/2010 MED EXP (Anyone person) $ 5 000 PERSONAL. & PDV INJJRY $ 1 DDD 000 GENERAL. AGGREGATE $ 2 000 000 ~'~ AGG~EnEILlMIT Af'nS, PER PRODUCTS - COMPtOP AGG $ Excluded X POLICY P~,9T LOC ~OMOBILE LIABILITY COMBINED SNGLE LIMIT $ (Eaaccident) - ANY AUTO - i\LL OVvNED AUTOS BODILY INJJRY (Perpel'5on) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJJRY $ - NON-O'N-lED AUTOS (Peracddent) PROPERTY DAMAGE $ (Peracddent) l~GE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA Ace $ AUTO ONLY: AGG $ A X ~rSS I UMBRELLA LIABILITY 4CU461861 10/22/2009 10/22/2010 EACH OCCURRENCE $ 2 000 000 X OCCUR D CLAIMS MADE AGGREGATE $ 2 000 000 $ I;i DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATlON I w:. STATN; I IOJ,tt- AND EMPLOYERS' LIABILITY V/N ANY PROPRIETORIPAATNERIEXEOJTIVE D EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (MllndlltoryIn NH) EL DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below EL DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTS SPECIAL PROVISIONS Re: Snowberry Brook Project - 350 Clay St, Ashland, OR 91520. Certificate holder included as additional insured per attached endorsement CG20211185 where required by written contract. Subjec~ to policy terms, condi tions and exclusions, CERTIFICATE HOLDER CANCELLATION SHOlA.D ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlON city of Ashland DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL ~ DAYS WRITTEN 20 East Main NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Ashland, OR 97520 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATlVES. AUTHORlZEDREPRESENTATlVE ..--_ ~ ~ 5 Wilson, AAl, AlC/5U :;-....,,~, '. _ . J'U' r-... ACORD 25 (2009/01) INS025 (200901) @1988-2009ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD . ISO I Commercial General Liability Forms 111/01/85 POLICY NUMBER 44CL461860 THIS ENDORSEMENT CHANGES THE POLICY. COMMERCIAL GENERAL LIABILITY CG 20271185 PLEASE READ IT CAREFULL Y. ADDITIONAL INSURED - CO-OWNER OF INSURED PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Ashland, 20 East Main, Ashland, OR 97520 Location of Premises: 350 Clay Street Ashland, OR 97520 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as co-owner of the premises shown in the Schedule, CG 20 271185 @ Insurance Services Office, Inc., 1984 @Insurance Services Office, Inc. @2009 SilverPlume Reference Systems, Inc, All Rights Reserved,