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Home My WebLink AboutContracts & Agreements_76-96_CCv0001.pdf OCOCT 07 '96 10:42AM HIGHLAND SUFFLY UUKF-' F.0 7� This property access agreement ("Agreemenfis made and entered into this 6th day of August, 1996,by and between, Seven W EntcrPrises, Inc., hereinafter referred to as "Licensee," -,T,d to a$'Licensor." and the City Of Redlands, a municipal corporation,hereinafter ref, , TAU W,HEP,EAS, Licensor is ftowner of certain real property described as the City of goo feet north and ,()So feet west of the Redlands' Property located at IPPrO%I=tely inte and Madeira Avenues ("Agate; No. 2'�; approximately 60 feet north and rsecdon of Crafton s C'Madeira"); and approximately 170 feet east of the intersection of Crafton and Madeira'Avenue 260 feet north and 5,460 feet cast of the intersection of Crafton and Madeira Ave`Lues ("E. Lugonia 140-41,(collectively the"p ro_Verty"); and V,r-MREAS, Licensee desires to enter onto the Property on various dates during the month of August 1996 to sample tbree groundwater wells known as Agate No. 2, Madeira, and E. Lugonia No. 4 (hereinafter referred to as the"Sampling"); and VAERF,AS, Licensor agrees to permit Lizensee to enter onto the Property ;'fig the month of August 1996 to periodically sample the wells upon the terms and r-OnditiOlk ;ontained herein; Now,THEREFORE, in consideration of the promises and mutual covenants,agreements .d condition,con taiherein,the parties agree as follows: Nzxe du/ and its agents, employees and consultants to Licensor hereby permits Licensee enter onto the property and conduct the Sampling upon the terms and conditions contained in this Agreement- 2. LiqOW-Fee. in consideration of Licensor's issuance Of a license pursuant to this Agreement, Licensee shall pay to Licensor, cOn=T,*-nl with Licensor's execution of this Agreement, the sum of Three Hundred ($300-00)dollars. A,rcecc to the Pronert`y-Sal int. 3. Licensee shall have access to enter onto the property to perform those tasks reasonably necessary to perform the sampling only if accompanied by an employee of Licensor's Municipal Utilities Department- The employee shall remain with Licensee UPOn the Property until the Sampling is completed. All Samplings shall occur in the presence of Licensor's employee. Licensee shall not unreasonably interfere with Licensor's business operations On the Property. 4. Licensee shall pay the costs incurred by Licensor for Providing supervision of by Licensor's employee at the rate of$30.00. in addition, Licensee shall pay all costs Sampling and operation if Licensee desires to sample at a time a well incurred by Licensor for well start-4p PC is not operating at the actual rates charged the City by Southern California EAiwn Company. 2 TpMkwI?I= Ut_Yt,L u L -'u • I fl ll rIL-M 11,1 Jul I L,I Licensee shall have sole and full responsibility for the storage and disposal of any well development water not discharged into existing conveyance systems and any other wastes ederal, state and local laws, rules generated as a result of the SamPling in compliance with all f and regulations, and shall be considered the generator of such waste materials for disposal purposes. 6. Lk=WLZa==ibility, Licensee may obtain from Licensor all information, if any, in its possession regarding the wells, their condition and their construction upon payment to Licensor of Licensor's reasonable costs incurred in assembling and making available such o a -on at the u inf Im t rate of $0.15 per page and $29.00 per hour for the time expended by Licensor's employee in accumulating the information and overseeing any copying. Licensor makes no warranty to Licensee regarding the accuracy of such information_ 7e Licensee's Tn x&&AIi= Licensee shall indemnify, defend and hold harmless Licensor against injury to persons or property suffered by Licensee and claims for such injuries made by third Persons to the extent that they arise out of any negligent or willful acts or omissions by Licensee or its employees, agent, or contractors in connection with its performance of the sampling -ander this Agreement. Licensee's collective liability under this subsection shall be limited to the.:,mount of insurance coverage that Licensee's agent is required to obtain as stated in Section 1-3 of this Agreement Licensor shall indemnify and hold . harmless Licensee and its agents and employees against injury to persons or property suffered by Licensor and claims for such injuries made by third persons to the extent that they arise out of Licensor's negligent performance of or negligent failure to perform its obligations under this Agreement. 3 DD*WMLE 9. This Agreement may be terminated by either party hereto, without cause, UPO thirty(3 0 days Prior written notice to the other party 10_ L=Mpe- Licensee's agent, Environmental Strategies Corporation, shall cause to be kept in force for the mutual benefit of the parties, comprehensive broad form general liability insurance amainst claims and liability for bodily injury, death or property damage arising from the gs performance of the Sampling, at the limits of coverage normally carried by Licensee's agent for its own protection. 11- ue=-and!-Q Licensee shall use reasonable efforts to keep the Property free and clear of any liens and claims that may arise as a result of Licensee's Sampling or any other arts or omissions of Licensee which may occur as a result of Licensee's activities under this Agreement. 12. blotires. All notices or other communications under or ui connection with this Agreement shall be in writing and shall be addressed to the parties at the addresses set forth below: Licensor, Licensee-: Michael L.14uffstatler Seven W Enterprises,Inc. City of Redlands P. Q. Box 1730 P. 0.Box 3005 Redlands, CA 92373 Redlands,CA 92373 Attention: Bill Caronna 4 DIKW17\LZ u1.„'Jk"I ✓Jr 7a1'U•'t'tr"11"I nll.nt_h1l�tll OUr-r-LT l-VKl"_ 13- (mveMiAg Law- This Agreement shall be governed by and construed in accordance with the laws of the State of California- 14. alifornia14. A'!'f9TPiPcrP, —eM- In the event any action is commenced to , orce or interpret the terms or conditions of this Agreement the prevailing party shall, in addition to any casts and other relief, be entitled to the recovery of its reasonable attorneys' fees. 15. B n-thug. ec . This Agreement shall be binding upon and inure to the benefit of the parties' respective representatives, successors and assigns. 16. pito ' cation. This Agreement shall not be modified except in writing, signed by the Parties hereto. 17. 3M ve No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision,whether or not similar,nor shall any waiver constitute a continuing waiver. cur�nw, 5 GCv1,_1 0(_"Jb 110-44HM FIibHLHI`IU 5Ut- LY --- --- N.0 I8. ID"t Td tOI'1.. This Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter of this Agreement and supersedes and replaces all prior agreements, representations and understandings of the Parties related thereto. Licensor: City of Redlands L• verk W Enterprises, Inc. ayor,City of edlands Its Attest-- C'ity ttest_City jerk 6 '011 i,U r Z?o r-I-LicriLt-illu ourrL.1 u,V* -INFORMATION THIS CERTIFICATE IS ISSUED S AMA,MATTER or ERs No Fl UPON THE CERTIFICATE PRODUCER ONLY AND CONFERS D OR HOLDER.THIS CERTIFICATE DOES NOT AMEW,EXTEND AcIRC/Marsh III XCLEI ALTER THE COVERAGE AFFORDED By THE POUCIES BELOW. 10South BrcadwaY COMPANY Lremortalm COIF/Fill St. Louis MO 63102 COMPANY A uartford InGurIll Company Nm 3 4-5 1-3113 COMPANY INSURED a COMPANY =vircEl ntal Strategies Corp ATTX.. Us. LynnXiller 11911 Pre-Ell Dr-'ste. 900 COMPANY Reston VA 22090 Z % OVt MR n4F POLICY PERIOD 'CID) ISr.Upo TO T14E iNSURFO NAMED AS 0 4 ��URANCE LISTED BELOW HAVE CT TO WHICH THIS THIS IS,TO CERTIFY THAT THE POLI M OR CON01710M OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT tNoiCATED, NOTWITHSTANDING ANY REQUIREMENT.,TER P-CT TO ALL THE TERMS, CERTIFICATE MAY Of ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLIOS DESCRIf"HEREIN IS.SUB} ECT AND CONDITIONS OF SUCH Poll LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS, pol ell IpOUI EXPIRATION UMil CD TYPE OF INSURANCE POLICY NUM61111111 bAYF(MMFDDIYYI DATE(NIMMONY) -- I LTR GENERAL AGGRGl - 2000,000 MERAL LIABILITY 11101/9S CTS-COMPfOP 11/01/96 PRODUAGG $ 2000000 A X COMMERCIAL.GENII LA TV s4sBxCG6308 PERSONAL&ADL/INJURY S1000000 CLAIMS MADE I x I OCCUR ACH OCCURAFNCE $1000000 OWNER'S&CONTRACTOR'S PROT ll DAMAGE tArty one lifill) s 3 0 0 0 0 0 I MM EXP(Any one P11I 410000 AUTOMICI LIAlls4uzNPA2487 11/01/95 11/01/96 ill comovdSINGLE LIMIT 0500000 A ANY AUTO BODILY MARY ALL OWNED AUTOS (Per ml SCHEDULED AUTOS POOILY INJURY HIRED AUTOS Accidel N0144WNED AUTOS rZOPERTY p—AMAGE AUTO ONLY-EA ACCIDENT GARAGE LIABILITYONLY:OTHEA THAN AUTO ANY AUTO III ACCIDENT AGGREGATE EACH Occualvil 810000000 EXCESS UANLrry 3.101/95 I'vol/96 0000 A X UMBRELLA FORM OTHER THAN UMBRELLA FOtiI4I w U. X T -COMppff WORMERS ATffm LIND FL EACH ACCI3ENTZ100000 DApl uAill 11101/95 11/01/96 LL DISEASS,-POul LIMIT "SOOOTO A THE PROMIEYOR/ 6L DISEASE-FA EMPLOYEE $10 0 0 0 0 PARTNtRS/EXI OffICERS ARE1 I R uE*)CQCL atw-i-xr-3103 OTHER GESOuPTION OF 0 7_w TIONAL XNSURED AS RSSPECT!g WORK PRRFORKED By CZTHI:II 15INCLUDED AS ADD1E NAM= INSURED. 77.......... Rwl ANY OF:THIE ABOVE DESCRIll PQl SE CMCEELM BTS THE vto ECTyOrRx ExpIll DATE TWERjl THE ISSUING COMPANY WALL VArLEAVOR TO MAIL CZTy Or RVIDLANDS 30 DAYS wwrrtm wOlIll TUC C91TIFICATEI HOLDER NAMED TO Thil ICI PAL 7TXLITXR9 ggPT. III FAILURE rO MAIL SUCH NOTICE SMALL IMPOSE-110 OBLIGATION OR LIABILITY ATT: NINA LUZ" OF ANY KIND UPONTHIF COMPANY,ITS ACIENTS DIE RBILRESSNIATIl 3S CAJON STREET AUTHORIZED REP"" REDLANDS CA 92373 CCE A", P'l AT, AI—#:98 9" TOTAL P.08