HomeMy WebLinkAboutContracts & Agreements_8-2007_CCv0001.pdf AGREEMENT/LICENSE FOR ENTRY UPON LAND AND
RELEASE FOR DESTRUCTION OF PROPERTY
This Agreement is made and entered into this 16''' day of January,2007 by and between the
City of Redlands,a municipal corporation("City"),and Environmental 'Systems Research Institute,
Inc. ("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 six(6)duplex apartments on certain real property in the
City of Redlands located at 910, 912, 914, 916, 918 and 920 State Street (collectively, the
I"Property").
B. City desires to conduct fire training on the Property.
C. Owner desires to permit City to remove roofs from the six duplex apartments located
upon the Property and conduct ventilation practices and forcible entry as part of City's fire training.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
of Redlands and Environmental Svstems Research Institute. Inc. agree as follows:
AGREEMENT
I Owner grants to City, its employees and agents a license to enter upon the Property,
remove roofs from the duplex apartments located on the Property and to conduct ventilation
practices and forcible entry as part of the City's fire training,on the Property. City shall provide five
(5) days' prior notice to Owner of the date the fire training shall be cond'ucted'
2. City shall secure all authorizations and permits required to conduct the fire training
and will comply with all applicable federal, state, regional and local laws, rules, ordinances and
regulations.
1 A. City shall indemnify and save harmless Owner, and its officers, directors,
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.
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B. 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
(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 the Owner 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.
4. This Agreement supersedes any and al I prior oral or written agreements between the
Parties relating to the Property, and contains the entire Agreement of the Parties as to the matters
covered hereby.
5. 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.
6. 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.
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE. INC
By: Executed this 16'day of January, 2007
at Redlands, California
CITY OF REDLANDS
By,dG
Executed this 16"' day of January, 2007
Pat Gilbreath, Mayor Pro Tem at Redlands, California
ATTEST:
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