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Home My WebLink AboutContracts & Agreements_77-2010_CCv0001.pdf State of California Department of Water Resources California Natural Resources Agency El Exploration Project: East Branch Extension, Phase I U Survey Improvements Proiect Construction Parcel Nos.: TEMPORARY ENTRY PERMIT This Temporary Entry Permit is granted by the City of Redlands("PERMITTOR")to the Department of Water Resources (DVVR)ofthe State ofCalifornia and its officers, employees, agents and contractors collectively ("PERM ITTE F), to enter with all necessary equipment upon PERyW|TTOR'8 |ond |ocatedinthecounh/of8@nBernand/no. StateofCa|ifonnie. and described asthat portion ofAssessor's Parcel Nos. 1GB-302-O2. -O3. -05. 188'363-02. -03. and also known es@GP-71 and marked on the attached map (the"Property"), for the purpose of constructing the Yucaipa Connector Pipeline, and for such other incidental purposes as may be required for such purpose, subject to the following provisions: 1. Reasonable precautions shall be exercised by PERMITTEE to avoid damage and protect persons or property. 2� PERMITTOR shall have no liability for loss or damage to property or injuries to, or deaths of, agents, contractors, or employees of PERMITTEE or any other persons by reason of PERMITTEE's exercise of privileges given under this permit. 3. Nothing in this permit shall preclude PERMITTOR from filing a claim(s)with the State Victim Compensation and Government Claims Board for any loss or expense which PERMITTOR may suffer, caused by, or due to exercise by, PERMITTEE ofthe rights granted bythis permit. 4. PERMITTEE shall indemnify and hold PERMITTOR, and its elected officials, officers, employees and agents, harmless from and against any and all damages, claims, losses, causes of action, and liability, including death, for personal injury orprVpedydornage solely caused byPERMITTEE, and/or its offi 'rs'. ernp/oyees', agents' mnd contractors' activities undertaken in connection with the exercise of PERMITTEE's rights under this permit, Upon written notice from PERMITTOR, PERMITTEE shall reimburse PERMITTOR for the defense of any lawsuit or other proceeding brought against PERMITTOR, by any person or entity, relating to any matter covered by this Permit for which PERMITTEE has an obligation to assume liability for and/or save and hold harmless PERK4|TTOR, PERMITTEE shall pay all costs incident to such defense, including, by not limited to, reasonable atbzrneym'kaes (including fees for PERM|TTOR'ause for^in-house^counse/). investigators'fees, litigation nand |:\oovdjm\F0RMS\TEPCity ofRedlands CONSTRUCTION 4-211Qrevision 1 (2)(3)Joo appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. Atthe sole election of PERMOTOR. PERMITTEE shall also either reimburse PERM|TTOR for any damage hmPERKA|TTDR'sroads and fences, or other property, occurring by reason of the exercise of rights granted herein, or to replace or restore said property. 5. PERMITTEE, and its contractors performing work on PERMITTOR's Property, shall secure and maintain in force throughout the duration of this Permit comprehensive general liability insurance with carriers acceptable to PERK4|TT[>R. 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. PERM|TTORshall 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 0nthe PERyW|T[DR. Such insurance shall beprimary and non-contributing to any insurance of self-insurance maintained by PERMITTOR. Certificates ofinsurance and endorsements shall be delivered to PERMITTOR prior to commencement of the Services. DVVRmay satisfy its obligations under this paragraph byproviding written evidence tnPERK4|TT(}Rthat DVVRisself-insured in accordance with the law. G. PERMITTEE, and its contractors performing work on PERMITTOR's Property, shall secure and maintain business auto 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 PERK4|TTEE'o, and its uontnac(ors', owned vehicles used in connection with PERM|TTEE's, and its contractors', work on PERM|TTDR's Property, hired and non-owned vehicles, and employee non-ownership vehicles. PERMITTOR shall be named as an additional insured and a certificate of insurance and endorsement shall be delivered to PERMITTOR prior to commencement of any work on the Property. Such insurance shall be primary and non-contributing to any insurance mrself insurance maintained byPERK4|TTOR. DVVRmay satisfy its obligations under this paragraph by providing written evidence to PERK4|TTORthat DVVFlisself-insured inaccordance with the law. 7. PERMITTEE shall notify PERMITTOR at least 48 hours, in writing, prior to entry onto the Property. 8. Construction activities authorized by this permit include site preparation, clearing and grubbing, equipment and material storage, and such other incidental activities deemed necessary in preparation for construction of the Yucaipa Connector Pipeline, It is expressly understood that this permit authorizes no excavation or pipeline installation activities. 9. This permit may be modified, changed, or rescinded only by an instrument in writing executed by the parties hereto. 10. In the event PERMITTOR determines that PERMITTEE is in default of any of its obligations under this permit, PERK4|TTORmay give written notice toPERMITTEE ofthe same. PERMITTEE shall have thirty(3O)calendar days from the date ofPERK4|TT{}R'enotice tucure the default. In the event, PERMITTEE fails tocure the default within such time period. PERK4|TTDR may rescind this permit by written notice to PERMITTEE. 11. In the event any action is commenced to enforce or interpret any term, condition or provision of this permit, the prevailing party shall, inaddition toany costs and other relief, be entitled tothe recovery ofits reasonable attorneys'fees, including fees for use ofin-house counsel byoparty. This permit expires onDecember 31. 2011. PERK4|TTOR'oName, Address, and Phone No. Recommended for Acceptance: City of Redlands 1L 0�� Post Office Box 3005 Brian Whitaker, Right of Way Agent Date Redlands, California 92373 Phone N ALinus Paulus, Senior Land Agent Date' ACCEPTED; S.u..o`u.e ,=t Gilbreath, Mayor Department ofWater Resources nfthe State ofCalifornia Oat*: June l, 2010 Peaul �Farris,'Chief ATTEST: Real Estate Branch ' ` Date: ` ' . | City o[Redlands CONSTRUCTION 4a1'1Orevision 1 (q(A.doo v i a 6� 6,6 NAC=,5 fON I6f PUNN05E ON( Ptn. S.1/2, Sec. 14, & N.1/2, Sec. 23, T.1 S., R.2 W., S.B.M. Redlands city 0168 - 3 O OC AD YAIN IAXATION ONt Y, Q -- Tax Rate Area N 5000 CO' i�v`+nxxuwA cp CO d z -d 00, 0 0302 10 c m f" 76-10 AC, _... 030E N.E.COR 5£C.22 jj 01 #za.ty 1.60 AC. 362 r'" 40 „+' AC. S.C.. CWSH C3 --.. T 01 taa - 01 5,66 AC. 2 -_ ---- —_ 0 C. 03 AN 0 7 2M RE v!Sf0 qi/72lE,7 Assessor's Ma "I-,, JAN. 1958 ? Book 0168 Page 36 t e+ oa 9b153 DtD N4r 2t7;9# t San Bernardino County -0EJ 61104 KYP M16103 1N i 3 } L14 Ile A b Ln > e> to es tL C"3 4 y i a � r i h.3 iy } t✓d ya � co C.i 00 a °0g4t, co A