HomeMy WebLinkAboutContracts & Agreements_192-2021RIGHT OF ENTRY AGREEMENT
This right of entry agreement ("Agreement") is made this 8th day of October, 2021
("Effective Date"), by and between the City of Redlands, a municipal corporation and general
law city ("City"), and Miller & Associates, a California limited liability company ("Miller")
City and Miller are sometimes individually referred to herein as a "Party" and, together, as the
"Parties."
1 Consent. Miller herby grants permission to City, and its agents, employees,
consultants, contractors, and representatives, for a period of thirty (30) calendar days from the
Effective Date of this Agreement, to enter onto the property owned by Miller and located at 611
W Redlands Boulevard in the city of Redlands (the "Property") for the purpose of performing
subsurface utility location activities at a maximum of eight (8) locations more particularly
described in Exhibit "A," titled "Permitted Activities," which is attached hereto and incorporated
herein by reference, at the sole cost of City City shall provide Miller with three (3) days prior
written notice specifying the anticipated dates on which City intends to enter upon the Property
2. Term. The Agreement shall terminate thirty (30) calendar days after the Effective
Date of this Agreement unless earlier terminated as provided for herein.
3 Consideration. In consideration of Miller's willingness to grant City this right of
entry upon Miller's Property, City voluntarily offers, and Miller hereby accepts, City's
subsurface utility location activities, at City's sole cost.
4 Removal and Restoration. City 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 City 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 City shall defend, indemnify, and hold Miller, and its
employees, agents, successors and assigns harmless from, and defend Miller 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 Miller or its employees, agents, successors, or assigns This obligation
shall survive the termination of this Agreement.
6 Insurance. City and its contractors, respectively, shall procure and maintain the
following insurance coverage for all of City'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
1
L•\ca\djm\Agreements\Miller & Associates Right of Entry Agreement.doc,jn
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. Miller shall be
Miller as an additional insured and the insurance policy shall include a provision requiring thirty
(30) days prior written notification to Miller 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 Miller A certificate of insurance and the corresponding blanket
additional insured endorsements shall be delivered to Miller 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. Miller shall be Miller as an additional insured and the insurance policy shall include
a provision requiring thirty (30) days prior written notice to Miller 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 Miller A certificate of insurance
and the corresponding blanket additional insured endorsements shall be delivered to Miller 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 Miller determines that City is in
breach of any provision of this Agreement, or that the actions of City, or its employees,
contractors, or agents jeopardize the public health, safety or welfare, Miller shall have the right
to notify City in writing of Miller's immediate suspension or termination of this Agreement.
10 Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
11 Notices. Alt 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)
2
L•\ca\djm\Agreements\Miller & Associates Right of Entry Agreement.doc.jn
CITY
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands org
Phone (909) 798-7531
Fax (909) 798-7535
MILLER
Joe Mille]
Miller & Associates LLC
611 West Redlands Boulevard
Redlands, CA 92373
Joe_miller@hotmail com
Phone (951) 313-3444
IN WITNESS WHEREOF, the Parties hereto have
respective seals the day and year first above written
CITY OF REDLANDS
By
Paul T Baric Mayor
ATTEST
By
)05\,)
anne Donaldson, City Clerk
3
L•\ca\djm\Agreements\Miller & Associates Right of Entry Agreement.doc.jn
set their hands and affixed their
EXHIBIT "A"
PERMITTED ACTIVITIES
[Attached]
4
L:\ca\djm\Agreements\Miller & Associates Right of Entry Agreement,doejn
Pipe Video Inspection
Write a description for your map
State Street Storm Drain
oogle
"2020 Qtbogle
Laterals connected
to Mill Creek Zanja
, Cr i-
1 ft •
Legend
Vci Chez Sabine
Circle K
Esri Learning Center
JO Feature 1
Fs
LEGEND
® STORM DRAIN
SECTION INSPECTED
• • • STORM DRAIN SECTION
1.4.• ' NOT INSPECTED
OCOU MILL CREEK ZANJA
® POTHOLE LOCATION
41