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Home My WebLink AboutContracts & Agreements_206-2017LICENSE AGREEMENT THIS LICENSE AGREEMENT ("Agreement") is made and entered into this 3rd day of October, ("Effective Date") by and between the City of Redlands, a municipal corporation ("Licensor") and the Lantern Crest Homeowners Association ("Licensee"). Licensor and Licensee are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS A. Licensor is the owner of certain real property located in the City of Redlands which is described in Exhibit "A" (the "Property"), which is attached hereto and incorporated herein by reference; and B. Licensee desires to install and maintain a security surveillance system consisting of ten (10) cameras, two (2) license plate readers, and related equipment (the "System") on Licensor's Property; and C. Licensor desires to grant Licensee a non-exclusive license to enter upon the Property and install the System on the Property on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: Section 1. Grant of License. Licensor hereby grants to Licensee, and its employees and agents, a revocable license to enter upon and use, as the case may be, subject to all of the terms and conditions hereof, the Property designated by Licensor for the installation and operation of the System. All activities of Licensee undertaken in connection with Licensee's installation and operation of the System shall be performed in accordance with all applicable federal, state, regional and local laws. Licensee acknowledges and agrees that Licensee shall be financially obligated and responsible for all costs associated in connection with the purchase, installation, operation and maintenance of the System. Section 2. Acknowledgment of License and Disclaimer of Tenaney. A. Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property. B. In consideration of Licensor's grant of this license, Licensee specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Property other than the license granted by this Agreement. C. The consideration paid by Licensee pursuant to Section 3 of this Agreement is consistent with the value of the rights comprising the license privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property. C:\Users\ereeveslAppData\Loca1\Microsoft\Windows\Temporary Intemet FILES\CONTENT_OUTLOOK\IOIA82AO\LANTERN CREST LICENSE AGREEMENT II.DOCX D. Licensee fiuther acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into this Agreement. Section 3. License Fee. In consideration for the grant of this license, Licensee shall pay Licensor an annual license fee of One Hundred Dollars ($100) per year. Licensee's first payment to Licensor shall be due and payable within ten (10) days of the Effective Date of this license, and thereafter shall be due and payable on or before each subsequent anniversary date of the Effective Date (October 3) of this Agreement. Section 4. Notice of Entry. Licensee shall provide prior written notice to Licensor of the dates on which Licensee desires to enter upon the Property to install and perform subsequent work on the System. Section 5. Possession and Condition of Property Not Warranted. Licensor does not warrant or represent that the Property is suitable for Licensee's entry upon the Property or Licensee's installation and operation of the System, or for any other purpose, and Licensee agrees to enter and use, as the case may be, the Property in its "as is" condition, and install and operate the System thereon at its own risk, and Licensee may not look to Licensor for any claim of damages, restitution or other relief in connection with such entry or construction. Section 6. Operation of the System. A. Upon Licensee's completion, and Licensor's acceptance, of the System installation, Licensee shall be responsible for the System and shall be solely responsible for the maintenance and repair of the System at Licensees' sole cost. B. Licensee shall hold Licensor free and harmless from all charges associated with the operation and monitoring of the System. C. Licensor shall be responsible for all costs related to the provision of electricity to the System. Section 7. Installation and Maintenance of the System Property. Licensee shall be responsible for any damages or repairs to the Property arising from or in connection with the installation, operation, and maintenance of the System. Licensee shall obtain an encroachment permit from Licensor prior to installation of the System. Section 8. Improvements. Licensee shall not make any improvements, repairs or alterations to the Property, other than as specified in in Exhibit "B." Licensee shall obtain an encroachment permit with Licensor prior to installation or replacement of the System. Section 9. Commencement; Termination. This Agreement shall commence upon its Effective Date and shall terminate upon removal of the System, or until terminated by either Party upon sixty (60) days prior written notice to the other Party, or as otherwise provided for herein. 2 C:IUserslereeveslAppData\Local\MicrosoftlW indows\Temporary Internet PILES\CONTENT.OUTLOOK\i0IA82A01LANTERN CREST LICENSE AGREEMENT ILDOCX Section 10. Notice. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Parry may provide notice in accordance with this section: Licensor Chris Boatman, Director Quality of Life Department 35 Cajon Street, Ste. 222 P.O. Box 3005 (mailing) Redlands, CA 92373 Licensee Lantern Crest Homeowners Association Mark Sandoval, President P.O. Box 507 Redlands, CA 92373 Section 11. Indemnification of Licensor. Licensee shall defend, indemnify and hold Licensor free and harmless from and against all liability, loss, damage, costs or expenses (including attorneys' fees and court costs) arising from or as the result of the death of any person or any personal injury, accident, claim, loss or damage whatsoever caused to any person or to the property of any person, or any responsibility or liability resulting from or in any way connected with Licensee's entry onto the Property and/or, installation, operation, or maintenance of the System. Section 12. Insurance. Insurance required by this Agreement shall be maintained by Licensee throughout the term of this License. Licensee shall not perform any work on the Property unless and until the required insurance listed below is obtained by Licensee. Licensee shall provide Licensor with certificates of insurance and endorsements evidencing such insurance prior to Licensee's entry onto the Property. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to Licensor. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to Licensor, or certification to Licensor that Licensee is self-insured or exempt from the workers' compensation laws of the State of California. Licensee shall provide Licensor with Exhibit "C", entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference. B. Licensee shall secure and maintain comprehensive general liability insurance with carriers acceptable to Licensor. Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. Licensor shall be named as an additional insured and such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by Licensor. 3 C.IUserslereeves\AppData\Local\MicrosoftlWindows\Temporary Intemet FILESICONTENT.OUTLOOKUOIA82A01LANTERN CREST LICENSE AGREEMENT ILDOCX C. Licensee shall secure and maintain business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Licensee owned vehicles used in connection with Licensee's provision of the services provided for construction of the System, hired and non -owned vehicles, and employee non -ownership vehicles. Licensor shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by Licensor. Section 13. Assignment; Sub -Licenses. The license granted by this Agreement is personal to Licensee. Licensor grants consent to Licensee to assign this license to TBM Fire and Security for installation, operation and maintenance of the System. Licensee shall not have the right to assign its rights to any other entities under this Agreement except upon the prior written consent of Licensor. Any attempt to assign the license granted by this Agreement without the prior written consent of Licensor may, in the sole discretion of Licensor, result in the immediate termination of this Agreement. Section 14. Written Agreement_ as Entire Understanding of Parties. The making, execution and delivery of this Agreement by Licensee has not been induced by any representations, statements, warranties or agreements other than those herein expressed. This Agreement embodies the entire understanding of the Parties, and there are no further or other agreements or understandings, written or oral, in effect between the Parties, relating to the grant of this revocable license. This Agreement may be amended or modified only by a written instrument signed by the Parties. Section 15. Attorne. sees and „Costs. In the event any action is commenced to enforce or interpret this Agreement, the prevailing Party in any such action shall be entitled to its costs and reasonable attorneys' fees, including fees for use of in-house counsel by a Parry. Section 16. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. 4 C:\UserslereeveslAppDEita\Local\Microsoft\Windo,,vs\Temporary Intemet FILES\CONTENT.OUTLOOK\d0IA82A01LANTERN CREST LICENSE AGREEMENT ILDOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. LICENSOR: LICENSEE: CITY OF REDLANDS LANTERN CREST HOMEO ASSOCIATION / 6FWau� Ct&r1_-15_S By: Paul W. Foster, Mayor ATTEST: Jq& Donaldson, City Clerk IAca\djm\Agreements\Lantern Crest License Agreement.doex EXHIBIT "A" ➢ Red boxes indicate City owned street light poles that will have Security Surveillance Cameras mounted (2 cameras per pole). ➢ Yellow ovals indicate City owned street light poles that will also have one License Plate Reader Camera mounted. 6 C:1UserslereeveslAppDatalLocal\MicrosoftlWindows\Temporary Internet FILESICONTENT.OUTLOOKUOIA82AO\LANTERN CREST LICENSE AGREEMENT II.DOCX C:\UserslereevesUppData\LocaiNicrosoft\Windows\Temporary Intemet FILES\CONTENT.OUTLOOKVOIA82AO\LANTERN CREST LICENSE AGREEMENT ILDOCX AMITU Tom Fire and Senwity dba AAA alarms dba LESM Alarms T= July 7. 2017 City of Redlands Chris Boatman 35 Cajon Street Redlands, California 02373 RE: L.ardem Crest Homeowners Association Mark Sandavll 441 Lardem Crest Redlands. Cakfamia 82373 1_ Scope of Work aj installation of the fdkrning equipment • (10) street cameras (2) License plate reader cameras at entrances commercial curbside enclosure with NVR unit, network huh, connections to Frontier Pont to -Point antenna system All equipment meets the City of Redlands current camera standard 2. Proposed Locations Street Light Pale LP439W • 441 Lmdem Crest Two Cameras; looking up and dawn Lantern Crest Street Light Pole LP419W r 4.17 Lantern Crest Two Cameras; looking down Lantern Crest and up Edgemont Street Light Pole LP429W • 428 Edgemont Two Cameras; looking up and down Edgemont Street Light Pole L.P41OW • Comer of Fairmont-Edgemont Two Cameras: looking down Fairmont and Edgemont • Comer of Fairmont-Edgemont Single License Plate Reader looking at entrance to Fairmont Street Lite Pole LP319W • 317 Edgemont Two Cameras, looking up -down Edgemont • 317 Edgemont Single License Plate Reader looking at ermarxae to Edgemont C:1Userslereeves\AppDatalLocal\Microsoft\Windows\Temporary Internet FILHSICONI'ENI'.OUTLOOKli01A82A01LANTERN CREST LICENSE AGREEMENT II.DOCX Commercial Equipment Pedestal a) Install (1)'/: underground electrical conduit with wiring from closest residence panel as needed to provide 20amp 120 -vdt power b) Install (1) Buck/Boost power transformer with Nema 3R weatherproof enclosure and electrical fittings as needed to provide 20amp, 120-vdt power to cameras and equipment c) Install (1) W underground conduit with SirHme based Cats wiring from Frontier Fios underground box to new pedestal enclosure. d) Porn concrete base pad for new pedestal at specified location e) Install (1) weatherproof, vented. commercial, lockable equipment enclosure. 4_ NVR and Equipment a) Install (1) 16 -Channel NVR with 8TB Hard Drive and mount inside new equipment enclosure b) Install (1) UPS Bv*up unit with electrical space prolection to cover intermittent power outages c) Install (3) Wireless Mu"ost Poirrt-to-PointTransrrkwrlReceKer Units LP439W 441 Lantern Crest tnstatl Two Cameras on Street Light Pole looking up and down Lantern Crest a) Install (2) 5kiP camera on Street Light Pole and adjust on street as directed by owner b) Install (2) Short -Arm pendant bracket c) Instalt (2) Pole Mount bracket d) Install (2) Pendant mounting cap e) Install (1) POE Switch f) Install (1) Nema 3R weatherproof, hinged cover equipment enclosure g) install (1) Wireless Mufti -Host Point -to -Point TransmitberfReceiver Unit h) Install (1) BtK*Ak ost pourer transformer with Nema 3R weatherproof enclosure and electrical frffings as needed to provide 20amp, 120 -volt power to cameras and equipment LP419W 317 Lantern Crest Install Two Carreras on Street Light Pole looking down Lantern Crest and Fairmont a) Install (2) 5MP camera on Street Light Pole and adjust on street as directed try owner b) install (2) Stxxt Arm pendant bracket c) Install (2) Pde Mount bracket d) Install (2) Pendant mounting cap e) Install (1) POE Switch f) Install (1) Nema 3R weatherproof, hinged cover equipment enclosure g) Install (1) Wireless Multi -Host Point -to -Point TransmitterlReoeiver Unit h) Install (1) 8uck/Boost power transformer with Nema 3R weatherproof enclosure and electrical fittings as needed to provide 20amp. 1210 -volt power to cameras and equpment LP426WV 428 Edgement Drive Instag Two Carreras on Street Light Pole looking up and down Edgemont Drive a) Install (2) 5MP camera on Street Light Pole and adjust on street as directed by owner b) InsWI (2) Short -Ann pendant bracket c) Install (2) Pole Mount bracket d) Install (2) Pendant mounting cap e) Install (1) POE Switch f) Install (1) Nema 3R weatherproof, fringed cover equipment enclosure g) Install (1) Wireless Mu"ost Point -to -Point TransnutterlRecehmr Unit h) Install (1) BucklBoost power transformer with Nema 3R weatherproof enclosure and electrical fittings as needed to provide 20amp, 120 -volt power to cameras and equipment C:\UserslereeveslAppData\Loca[\Microsoft\Windows\Temporary lntemet PILES\CONTENT.OUTLOOKUOIA82A01LANTERN CREST LICENSE AGREEMENT II.DOCX LP319W 317 Edgemont Drive Install Two Cameras on Street Light Pole looking up and dowtn Edgernorrt a) Install (2) 5MP camera on Street Light Pole and adjust an street as directed by owner b) Install (2) Short -Arm pendant bracket c) Install (2) Pole Mount bracket d) Install (2) Pendant mounting cap e) In" (1) POE Switch f) Install (1) Nema 3R weatherproof, hinged cover equipment enclosure g) Install(1)WieiessMulti-HostPoint-to-PotntTransmitterlReceiverUnit h) Install (1) BuckiBoost power transformer with Nema 333 weatherproof enclosure and electrical fittings as needed to provide 20amp. 120 -volt power to cameras and equipment LP410 317 Corner of Edgemont and Fairmont Drive Instal] Two Cameras on Street Light Pole looking up and down Fairmont a) Install (2) 5MP camera on Street Light Pole and adjust on street as directed by owner b) Insia4 (2) Short -Arm pendant bracket c) Instal (2) Pole Mount bracket d) InstM (2) Pendant mounting rap e) Irk (1) POE Switch f) Iris- (1) Nema 3R weatherproof. hinged cover equipment enclosure g) fro" (1) Wireless Multi -Host Paint -to -Pant Transmitter/Receiver Unit h) kE" (1) BucklBoost power transformer with Nema 3R weatherproof enclosure and electrical tit&W as needed to provide 20amp. 120 -volt power to cameras and equipment 10. LP319W Edgemont Single License Plate Reader looking at entrance to Edgemont a) Install (1) 21AP Light Fighter License Plater reader camera b) This price includes instalation on Sane pole with other cameras and POE switch c) Recognition and Storage Sothmwe inducted in 18 -Channel NVR package 11_ LP410 Corner of Edgemont and Fairmont Drive Single License Plate Reader looldM at entrance to Fairmont a) Install (1) 2MP tight Fighter License Plater reader camera b) This price endudes installation on same pole with other cameras and POE switch c) Recognition and Storage Software included in 18 -Channel NVR package 12. 417 lantern Crest Security System with Infrared Beams Install Security System a) Install (1) NE -0 security system panel at new equipment pedestal b) Install(1)transformer C) install (1) ?AH backup battery d) Install (1) system keypad e) Install(1)Cellular Alarm -cam GSM unit IF) Install (1) C44ular GSM antenna g) InsWI (3) system Transceiver- Repeaters on light poles as needed for beam connectivity 10 C:IUserslemeveslAppData\Local\Microsoft\WindowslTcmporary Internet FILESICONTENT.OUTLOOKUOIA82AOILANTERN CREST LICENSE AGREEMENT iI.DOCX 13. Street Entrance to Fairmont and Edgemont Drives Infrared Beams: a) Instal (1) Battery Powered Infrared Beam Set between 308 and 307 Edgemont entrance. b) Install (1) Battery Powered Infrared Beam Set between 1919 and 1024 Fairmont entrance. c) Fabricate and install (4) 3' x 3T square steel post with concrete base, two at each entrance at apposing sides of the street to house new beam sets_ Installation Mates: • This proposal is based on feeding electrical power from Street Light Pole as approved by HOA and City of Redlands • Frontier Fins eonnecbon to be fed from existing underground box adjacent to new Conmrerrial Equipment Pedestal • HOA -Owners responsible to obtain approval from Frontier to make underground connection, order Eros equipment and service prior to installation of equipment • This proposal include+ dl materials and labor as needed to provide complete and operable system as described above_ • Ali work is to be perkirmed in timely and workmanship Ike manor. Any atteraecn or devHldn am the man gmmcal m kwo" tetra saps wl ae per, cM wm lar mcliep am uvwquertee �pprtwa� My frail adtllucroi tial k b t7! perfmweo an 7lne ora esat� loops anq t�etl a1 rape or 95.m per trder pus matenats, mkss ey9 a�l� b the above proposal oarartai ata aaltratze TBu Fte 3 sewrty to p cod m per = pmpc". P vpmttlairswa s is elle upon smtp"m orwat MorOrkm cunli ct paymem are separate and not part or tt+ts propo" Ym M� 4 Cu.'mmc+ssmb= Date 278 Tennessee St. Suite 8 - Redlands - Califomia - 92373 - 909-792-6666 twrwT8Msecurity com We own and operate our awn Central Moniroring Station Lowly in Redfarnds, CA 11 C:1UserslereeveslAppDalalLocallMicrosoft%WindowslTemporary lntemet FILESICONTENT,OUTLOOKVOIA82A01LANTERN CREST LICENSE AGREEMENT I1.DOCX EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code § 1861). 1 affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subj ect to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. Lantei res1,di t Hoy wne Assoc' ion Date:�� / By: ark do al si t 12 1Aca\djm\Agreernents\Lantern Crest License Agreement.docx