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HomeMy WebLinkAboutContracts & Agreements_179-2004_CCv0001.pdf AGREEMENT/LICENSE FOR ENTRY UPON LAND TO PLACE CONSTRUCTION TRAILER ON CITY PROPERTY AND ACCESS TO UTILITIES ACROSS CITY PROPERTY This Agreement is made and entered into this 16th day of November 2004, by and between the City of Redlands, a municipal corporation ("City"), and Ledesma & Meyer Construction Company, Inc. ("Contractor"), who together are sometimes referred to herein as the "Parties." RECITALS A. Contractor is constructing a school for the Redlands Unified School District ("RUSD")on real property located in the City of Redlands on Judson Street between Lugonia Avenue and San Bernardino Avenue and further identified as APN 168-121-01. Inorder to construct the project, Contractor has placed a construction trailer and portable toilet and wishes to access electrical and telephone utilities offsite and have the wires strung on temporary poles across City's property located in the northwest comer of the City's property known as "Lugonia Grove" which is located at the intersection of Judson and Lugonia Avenue and identified as APN 168-161-08 (the "Property"). B. Contractor desires to obtain the right to utilize City's property for placement of a temporary construction trailer and portable toilet and to string utility wires across City's Property. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City of Redlands and Ledesma&Meyer Construction Company, Inc. agree as follows: AGREEMENT 1. License. City grants to Contractor, its employees and agents a License to enter upon the Property to place a temporary construction trailer and portable toilet and to gain access to and from said trailer and portable toilet on and to string electrical and telephone lines on temporary poles across City property during the construction of said RUSD school. 2, Term. This Agreement shall terminate on December 31, 2005. 3. Authorization. Contractor shall secure all authorizations and pen-nits required to enter, repair and use the property as described herein and will comply with all applicable federal, state, regional and local laws, ordinances and regulations. lem3gree'ENTRY UPON CITY PROPERTY I 10. 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 hereto 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 Contractor and City under this Agreement shall be joint and several. 11. Amendment. Any amendment to this� Agreement shall be in writing and executed by the Parties, 12. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF REDLANDS us u/Peppler, Mayor ' ATTEST: x Y' Lorri�`Poyzer, Cit LEDESMA & MEYER CONSTRUCTION COMPANY, INC. is Meyer, Pres lenfag gree,ENTRY UPON CITY PROPERTY 3 4. Warranty. It is expressly understood and agreed that Contractor enters the Property in its "As Is" condition, and that City makes no representation, covenant, warranty or promise that the Property is fit for any particular use for which this Agreement was entered into, and Contractor has not relied on any such representation, covenant, warranty or promise. 5. Fees. Contractor shall not be required to pay any compensation, fee or money to City for this Agreement. 6. Assignment. This Agreement is for the sole benefit of Contractor and shall not be assigned or transferred. Any attempt to do so may cause this Agreement to be terminated at City's discretion. 7. Termination. This Agreement may be terminated immediately without liability at the sole option and discretion of City, and Contractor agrees to peaceably surrender its License under this Agreement upon demand by Owner. 8. Indemnity. A. Contractor shall indemnify and hold harmless City, its elected officials, officers, employees and agents from and against any and all liabilities, damages, costs, expenses. causes of action, claims, suits, proceedings and judgments which the City may incur or suffer or be put to by reason of or in connection with or arising from any breach, violation or non-performance by Contractor of any obligation contained in this Agreement to be observed or performed by Contractor, or any wrongful act or negligence of Contractor or its agents or employees which relates to this Agreement, howsoever arising. Contractor acknowledges and agrees that this indemnity shall survive any termination of this Agreement. B. Contractor agrees to repair, replace and/or pay for any damaged trees/vegetation,/or any damage whatsoever that may occur due to Contractor's use of the Property and to return the Property to its pre-licensed condition, ordinary wear and tear excepted. 9. Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of this Agreement comprehensive general liability insurance with carriers acceptable to City. 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. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of the Services, len ragree,ENTRY UPON CITY PROPERTY