HomeMy WebLinkAboutContracts & Agreements_8-2013_CCv0001.pdf AGREEMENT/LICENSE FOR ENTRY UPON LAND AND
RELEASE FOR TREE TRIMMING AND/OR TREE REMOVAL ACTIVITY
This Agreement is made and entered into this 5"'day of February, 2013 by and between the
City of Redlands,a municipal corporation("City"),and Morris,Richard M.&Susan K Living Trust,
("Owner"). City and Owner 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 in the City of Redlands located at
107 E. Colton Avenue, Redlands, CA 923'74 74 (the "Property").
B. Owner desires to cooperate with City by permitting City to trim and/or remove the
approximately forty(40)foot eucalyptus tree shown on Exhibit"A"(the"Tree"),which is attached
to this Agreement,using the City's professional,contracted,arborist to trim and/or cause the removal
of the Tree at City's sole expense.
NOW,THEREFORE,in consideration of the mutual covenants contained herein,the City of
Redlands and Morris, Richard M. & Susan K Liv Trus, agree as follows:
AGREEMENT
I Owner grants to City, its employees and agents a license to enter upon the Property,
and perform,from time to time,trimming of the Tree,and/or to cause the removal of the Tree. City
shall provide five(5)days prior notice to Owner of the date that any trimming or removal activity
will be conducted.
1 City shall secure all permits required to conduct the tree trimming and/or tree removal
and will comply with all applicable federal, state, regional and local laws, rules, ordinances and
regulations.
3. City shall indemnify and save harmless Owner,and its officers,employees and agents
(collectively, the "Owner Indemnified Parties"), from and against any and all liabilities, damages,
costs, expenses,causes of action, claims, suits,proceedings and judgments (collectively"Claims")
which they may incur or suffer or be put to by reason of, in connection with or arising from(i) any
breach, violation or non-performance by City of any obligation contained in this Agreement to be
observed or performed by City, or (ii) any wrongful or negligent acts or omissions of City or its
agents or employees which relate to this Agreement and,in such circumstances,City shall defend the
Owner Indemnified Parties(in addition to providing indemnity). City acknowledges and agrees that
this indemnity shall survive any termination of this Agreement.
4. Owner shall indemnify and save harmless City, its elected officials, officers,
employees and agents (collectively, the "City Indemnified Parties") from and against any and all
Claims which they may incur or suffer or be put to by reason of or in connection with or arising from
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(i)any breach,violation or non-performance by Owner of any obligation contained in,or relating to,
this Agreement to be observed or performed by Owner and (ii) any wrongful or negligent acts or
omissions of Owner or its agents or employees which relate to his Agreements and which give rise to
a tortious Claim against City and, in such circumstances, Owner shall defend the City Indemnified
Parties from such Claims(in addition to providing indemnity). Owner acknowledges and agrees that
this indemnity shall survive any termination of this Agreement.
5. This Agreement and contains the entire Agreement of the Parties supersedes any and
all prior oral or written agreements between the Parties relating to the matters covered hereby.
6. 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 the use of in-house counsel by a Party.
7. Any amendment to this Agreement shall be in writing and executed by the Parties.
IN WITNESS WHEREOF,the parties hereto executed this Agreement on the dates set forth opposite
their respective signatures hereto.
CITY OF REDLANDS MORRIS, RICHARD M. & SUSAN K.
LIV TRUS ' 11
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Pete Aguilar, Mayor Richard M. Mor's\,"
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