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HomeMy WebLinkAboutContracts & Agreements_96-2020RIGHT OF ENTRY/PUBLIC IMPROVEMENT/INDEMNITY AGREEMENT This Right of Entry/Public Improvement/Indemnity Agreement ("Agreement") is made this 19th day of May, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Dunce Realty Limited Partnership, a California limited partnership ("Duke") City and Duke are sometimes individually referred to herein as a "Party" and, together, as the "Parties " 1 Consent City herby grants permission to Duke, and its agents, employees, consultants, contractors and representatives, for a period of one hundred twenty (120) calendar days from the Effective Date of this Agreement, to enter onto the property owned by City and described as 9180 Alabama in the city of Redlands (the "Property") for the purpose of performing grading and the construction of site walls (collectively, the "Pennitted Activities"), at the sole cost of Duke Duke shall provide City with three (3) days prior written notice specifying the anticipated dates on which Duke intends to enter upon the Property 2 Term. The Agreement shall terminate one hundred twenty (120) calendar days after the Effective Date of this Agreement unless earlier terminated as provided for herein 3 Consideration In consideration of City's willingness to grant Duke this right of entry upon City's Property, Duke voluntarily offers, and City hereby accepts, Duke's (i) provision and installation of new perimeter fencing for City, (ii) removal of certain identified abandoned light poles, and (ni) removal of certain identified eucalyptus trees on City property, at Duke's sole cost 4 Removal and Restoration Duke shall remove all equipment and personal property brought onto the Property in connection with the Permitted Activities and shall restore the Property to its condition existing as of the Effective Date of this Agreement, and shall subsequently vacate the Property, ensuring that the Property is left in good and clean condition 5 Indemnity Duke shall be responsible for any damages caused by the acts and/or omissions of its employees, agents, representatives or contractors while on the Property in connection with the Permitted Activities Duke shall defend, indemnify and hold City and its elected officials, officers, employees, agents, successors and assigns harmless from, and defend City against, any and all losses, damages, costs, penalties, expenses, liabilities, judgments, liens, suits, claims or demands relating to or arising out of the Permitted Activities conducted on the Property pursuant to this Agreement, except to the extent that the same are attributable to the sole active negligence or willful misconduct of City or its elected officials, officers, employees, agents, successors and assigns This obligation shall survive the temmilation of this Agreement 6 Insurance Duke and its contractors, respectively, shall procure and maintain the following insurance coverage for all of Duke's employees and its contractors performing any Pen -rutted Activities on the Property A Workers' Compensation and Employer's Liability insurance pursuant to Labor Code sections 3700 and 1860 in an amount which meets statutory requirements 1 L 1ca\djmlAgreements\Duke Realty Right 01 Entry Public Improvement Indemnity Agreement.doc B Business automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability This coverage shall include all owned vehicles used for the Permitted Activities, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and the insurance policy shall include a provision requiring thirty (30) days prior written notification to City of any proposed lowering of coverage Limits or cancellation of the policy Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City A certificate of insurance and the corresponding blanket additional insured endorsements shall be delivered to City prior to commencement of any of the Permitted Activities C Commercial general liability insurance with carriers rated at least A minus by AM Best 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 requiring thirty (30) days prior written notice to City of any proposed lowering of coverage limits of cancellation of the policy Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City A certificate of insurance and the corresponding blanket additional insured endorsements shall be delivered to City prior to commencement of any of the Permitted Activities 7 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the Permitted Activities No amendment of this Agreement shall be binding upon a Party unless made in writing and signed by the Parties 8 Attorneys' Fees In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 9 Termination Either Party may terminate this Agreement upon five (5) calendar days prior written notice to the other Party specifying its intention to terminate this Agreement and setting forth the termination date, provided however, if City determines that Duke is in breach of any provision of this Agreement, or that the actions of Duke, or its employees, contractors, or agents jeopardize the public health, safety or welfare, City shall have the right to notify Duke in writing of City's immediate suspension or termination of this Agreement 10 Governing Law This Agreement shall be governed by and construed m accordance with the laws of the State of California 11 Notices All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested 01 by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to 2 L \ca'djmlAgru-nu.nts Duke. Realty Right of Entry Public Improvement -Indemnity Agreement.doc the sender by like notice) CITY City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands org (909) 798-7531 CONSULTANT Chnstian Cochrun, Sr Project Manager Duke Realty Limited Partnership 200 Spectrum Center Drive Suite 1600 Irvine CA 92618 Christian Cochrun@dukerealty com (949) 370-9470 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written CITY OF REDLANDS By sciFeVAILA aul W Foster, Mayor ATTEST By ne Donaldson, City Clerk DUKE REALTY LIMITED PARTNERSHIP By l-� Brian Knochenhauer, VP Operations, Construction 3 L IcaAm\Agreements\Duke Realty Right of Entry -Public Improvement -Indemnity Agreement.doc A�aR/J CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 04!3012020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) PRODUCER MARSH USA INC IVO ALLIANCE CENTER 3560 LENOX ROAD SUITE 2400 ATLANTA GA 30326 AttnFax (212) 948-4321 Atlanta.certrequesttlD marsh.com CN102736346—GAWU 19-20 CONS SC CONTACT PHOS PHONE !FAX (A1C, No. Ext). i IAJC, Not. E-MAIL ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC # INSURER A . Hartford Fire Insurance Co 19682 INSUREDN!A Duke Realty Limited Partnership 3715 Davinci Court Ste 300 Peachtree Corners GA 30092 INSURER B . N/A I INSURER c N/A 1N1A INSURER 0 . INSURER E INSURER F COVERAGES CERTIFICATE NUMBER ATL 0350o2036-01 REVISION NUMBER 5 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS !NSR I ADOL LTR I TYPE OF INSURANCE fNSD SUBR WVD POLICY EFF POLICY NUMBER {MMIDDIYYYY) POLICY EXP fMMIDDIYYYY1I LIMITS A I s 1 X i COMMERCIAL GENERAL LIABILITY 20 CSE QU2161 € 0710112019 07/01/2020 'i I I I i I 1 EACH OCCURRENCE $ 1 000,000 CLAIMS -MADE I X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) S 1 000,000 MED EXP (Any one person) 5 5,000 € PERSONAL & ADV INJURY S 1 000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY i X I JE OTHER. PER GENERAL AGGREGATE S 2,000,000 I 1X l LOC PRODUCTS COMP/OP AGG 5 2.000,000 I $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED i AUTOS ONLY I SCHEDULED AUTOS NON -OWNED AUTOS ONLY ICOMBINED I I 1 i I SINGLE LIMIT (Ea accident) S BODILY INJURY {Per person) 5 BODILY INJURY (Per accident) 5 PROPERTY DAMAGE (Per accident) s 5 UMBRELLA LIAB t I OCCUR I I EACH OCCURRENCE S EXCESS LIAB[ 1 CLAIMS -MADE AGGREGATE 5 DED I 1 RETENTIONS 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPR/ETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED7 {Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS Y / N NIA , PER I OTH i STATUTE EER E.L EACH ACCIDENT 5 E.L DISEASE EA EMPLOYEE 5 below I E.L DISEASE POLICY LIMIT 5 1 I I EC I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule may be attached If more space is required) RE Permit for Palmetto and Alabama (DUKEAN 981) located at 9180 Alabama St Redlands CA 92374 City of Redlands is included as additional Insured where required by written contract with respect to General Liability CERTIFICATE HOLDER CANCELLATION City of Redlands Attn Risk Management Division PO Box 3005 Redlands CA 92373 E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE of Marsh USA Inc Manashi Mukher)ee Lo..NA`o,.c r --- ACORD 25 (2016103) © 1988 2016 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD