HomeMy WebLinkAboutContracts & Agreements_242-2013_CCv0001.pdf RIGHT OF ENTRY
This Right of Entry Agreement ("Agreement") is made this 'I'd day of December, 2013
("Effective Date"), by and between the City of Redlands, a municipal corporation (.'City"), and
flelfrich-Associates ("Consultant"). City and Consultant are sometimes individually referred to
herein as a"Party"and,together,as the "Parties."
1. Consent. City herby grants permission to Helfrich-Associates and its agents,
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employees, consultants, contractors and representatives, for a period of sixty (60) calendar days
from the Effective Date of this Agreement, to enter onto the property described as the fishing
ponds located at Ford Park in the City of Redlands (the "Property") for the purpose of
performing preliminary planning and engineering services of the Property, including, depth
soundings of pond bottoms, pond measurements, soil sampling, lab testing, drafting of site
imporivernents and engineering plans (collectively.the "Permitted Activities"),at the sole cost of
Redlands Sunrise Rotary. Consultant shall provide three (3) days prior written notice to City
specifying the anticipated dates on which Consultant intends to enter upon the Property.
2. Tenn. 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. Consultant 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. Consultant's Indemnity. Consultant 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. Consultant 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 termination
of this Agreement.
5. Insurance. Consultant and its contractors, respectively, shall procure and maintain the
following insurance coverage for all of Consultant's employees and its contractors performing
any Permitted 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.
B. Business automobile liability coverage, with minimum limits of One
Million Dollars($1.000,000) per occurrence, combined sinale limit for bodily injury liability and
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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 or cancellation of the policy. Such insurance shalt 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.
6. 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.
7. 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.
8. Termination. Either Party may terminate this Agreement upon ten (10) calendar
days prior written notice to the other Party specifying its intention to terminate this Agreement
and setting forth the termination date.
9. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
10. 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
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CITY: CONSULTANT:
Fred Cardenas, Director Helfrich-Associates
City of Redlands 30640 Kristin Court
Quality of Life Dept. Redlands, CA. 92373
P.O. Box 3005
Redlands,CA 92373
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 CONSULTANT:
By: ��kl By:
Pete AguiVar,Mayor �z/q1 I
ATTEST:
By:
Sam Irwi ,-tijy Clerk
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