HomeMy WebLinkAboutContracts & Agreements_70-2017 S
AGREEMENT FOR ENTRY UPON PROPERTY AND
RELEASE FOR USE OF PROPERTY AS A TRAINING SITE
This agreement for entry upon property ("Agreement") 3s made and entered into
this 10th day of May, 2017, by and between the City of Redlands, a municipal
corporation ("City"), and the Housing Authority of the County of San Bernardino
("Owner"), who are sometimes individually referred to herein as a Party and, together, as
the "'Parties "
RECITALS
A Owner is the fee owner of certain real property located at 207, 209, 213,
214, 215, 216, 219 and 221 E Holly Lane, Redlands, and, 202, 204, 208, 210, 213, 215,
220, 222, 226, 228, 232, 236, 240, 241, 242, 243, 246 and 248 E Sharon Road, Redlands,
and, 208, 210, 214, 216, 220, 221, 222, 223, 227, 229, 233, 235, 239, 241, 245, 247, 248,
250, 251, 253, 254 and 256 E Delaware Avenue, Redlands (County of San Bernardino
Assessor's Parcel Nos 0167-371-04, 0167-372-03 and 0167-373-03) (Collectively, the
"Property")
B City desires to conduct certain public safety training exercises on the
Property
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the City of Redlands and the Housing Authority of San Bernardino agree as follows
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AGREEMENT
I License Owner hereby grants to City and its employees a license to enter
upon the Property for the sole purpose of conducting public safety personnel training (the
"Training") City shall provide ten (10) days prior notice to Owner as to the specific
dates its Police Department or its Fire Department desires to conduct the Training and,
following such notice to Owner, Owner and City shall use their good faith efforts to agree
upon mutually acceptable dates for the Training
2 Term The term of this Agreement shall commence on May 10, 2017 and
end on November 9, 2017
3 Authorization City shall secure all authorizations and permits required to
conduct the Training and will comply with all applicable federal, state, regional and local
laws, ordinances and regulations
4 No Warranty_ It is expressly understood and agreed that City enters the
Property in its "as is" condition, and that Owner makes no representation, warranty or
promise that the Property is fit for any particular use for which this Agreement was
entered into, and City has not relied on any such representation,warranty or promise
5 Fee City shall not be required to pay any compensation to Owner for
this Agreement or to conduct the Training
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6 Assignment, This Agreement is for the sole benefit of City and shall not
be assigned or transferred Any attempt to do so may cause this Agreement to be
terminated at Owner's discretion
7 Termination This Agreement may be terminated immediately in the sole
discretion of Owner, and City agrees to peaceably surrender its License under this
Agreement upon demand by Owner or its authorized representative
8 Restrictions City shall not engage in, or permit any other person or entity
to engage in, any activity on the Property that violates any federal, state or local law, rule
or regulation pertaining to hazardous, toxic or infectious materials and/or waste
("Hazardous Materials") City hereby represents, warrants and covenants that City will
not produce, use, store, generate or cause to be released any Hazardous Materials on the
Property
9 Indemnitv
A City shall defend, indemnify and hold harmless Owner, and its officers,
employees and agents from and against any and all actions, damages, losses, causes of
action and liability imposed or claimed relating to the injury or death of any person or
damage to any property, including attorneys' fees and other legal expenses, arising
directly or indirectly from the City's exercise of its rights or performance of its
obligations under this Agreement by City, or from any negligent or wrongful act or
omission of City in performing or, failing to perform, its obligations under this
Agreement
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B Owner shall defend, indemnify and hold harmless City and its elected officials,
officers, employees and agents from and against any and all actions, damages, losses,
causes of action and liability imposed or claimed relating to the injury or death of any
person or damage to any property, including attorneys' fees and other legal expenses,
arising directly or indirectly from any negligent or wrongful act or omission of Owner in
performing its obligations under this Agreement
10 Insurance City and Owner are each self-insured public entities for
purposes of professional liability, general liability and workers' compensation Each
Party hereto represents and warrants to the other Party that it maintains sufficient liability
coverage to meet its obligations under this License
11 Entire Agreement This Agreement represents the entire agreement and
understanding between. the Parties and supersedes any and all prior oral or written
agreements between the Parties relating to the subject matter hereof No other
agreement, statement or promise made by the Parties or to any employee, officer or agent
of the Parties shall be binding, except a subsequent amendment to this Agreement, in
writing, executed by the Parties All obligations of Owner and City under this Agreement
shall be joint and several
12 Attorneys' Fees and Costs In the event any action is commenced to
enforce or interpret the terms or conditions of this Agreement the prevailing Party shall,
in addition to any costs or other relief, be entitled to recover its reasonable attorneys'
fees, including fees for use of in-house counsel by a Party
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13 Amendment Any amendment to this Agreement shall be in writing and
executed by the Parties
14. Governm� Law This agreement shall be governed by and construed in
accordance with the laws of the State of California
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
and year first-above written
CITY OF REDLANDS HOUSING AUTHORITY OF THE
COUNTY OF SAN BERNARDINO
Paul W Foster, Mayor Maria Razo, Executive P�c_tor
ATTEST
J ne Donaldsa" 4�
on, City Clerk
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