HomeMy WebLinkAboutContracts & Agreements_111-2012_CCv0001.pdf RIGHT OF ENTRY
This Right of Entry Agreement ("Agreement") is made this 17'' da y of July. 20'1
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City„), and
Los Angeles SMSA Limited Partnership d/b/a Verizon Wireless (`{Verizon"), City and Verizon
are sometimes individually referred to herein as a"Party"and,together, as the"Parties."
I. Consent. City herby grants permission to Verizon and its agents; employees,
consultants, contractors and representatives, for a period of sixty ( 0) calendar days from the
Effective Date of this Agreement, to enter onto the property described. as APN: 0300-451-08,
located on Helen Court in the City of Redlands (the "Property") for the purpose of performing an
inspection of the Property, including surveys, subsurface boring tests, an environmental site
assessment and soil sampling (collectively, the "Permitted Activities"), at the sole cost of
Verizon. Verizon shall provide three (.-3) days prior written notice to City specifying the
anticipated dates on which Verizon intends to enter upon the Property.
2. Term. The Agreement shall terminate sixty (60) calendar days after the Effective
Date of this Agreement unless earlier terminated as provided for herein.
3, Removal and Restoration. Verizon shall remove any 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,
4. Verizon's Indemnity. Verizon 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. Verizon shall 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 ActiN ities
conducted on the Property pursuant to this Agreement, except to the extent that the same are
attributable to the negligence or willful misconduct of City or its elected officials, officers.,
employees, agents, successors and assigns, This obligation shall survive the termination of this
Agreement.
5, City's Indemnity. City shall indemnify Verizon (and its principals, employees,
agents, successors and assigns) and hold Verizon harmless from and against any and all losses;
damages, costs, penalties, expenses, liabilities, judgments, liens, suits, claims or demands
relating to City's or its agent`s, employees' and contractors' negligence or willful misconduct,
except to the extent that the same are attributable to the negligence or willful misconduct of
Verizon. This obligation shall survive the termination of this Agreement.
. Insurance. Verizon and its contractors, respectively, shall procure and maintain the
following insurance coverage for all of Verizon's employees and its contractors performing any
Permitted Activities on the Property:
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A. Workers' Compensation and Employer's Liability insurance pursuant to
Labor Code sections 3700 and 1860 in an amount which meets statutory requirements.
B. Business automobile liability coverage, with minimum limits of One
Million Dollars (S1,000,000) 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 ($1,0001,000) 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 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.
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. Attornevs' 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 ten (10) calendar
days prior written notice to the other Party specifying its intention to tenninate this Agreement
and setting forth the termination date.
10. Governing Latin. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
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11. Notices. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested or 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
the sender by like notice):
CITY- VERIZON,
Fred Mousavipour,Director Los Angeles SMSA Limited Partnership
City of Redlands d/b/a Verizon Wireless
Municipal Utilities and Engineering Dept. Attention: Network Real Estate
P.O. Box 3005 180 Washington Valley Road
Redlands,CA 92373 Bedminster,New Jersey 07921
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 VERIZON:
Los Angeles SMSA Limited Partnership,
a California limited partnership,dib/a Verizon Wireless
A By: A] e
By: me a Ep
NI
Pete Aguilar,Mayor '
Walter hones,
Its: Area Vice Pres i a
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Date: 7
ATTEST:
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