HomeMy WebLinkAboutContracts & Agreements_213A-2021RIGHT OF ENTRY AGREEMENT
This right of entry agreement ("Agreement") is made this 17th day of November, 2021
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and
Cathy A. Macknet, Kenneth D Macknet, and Mark R. Macknet, individuals (collectively,
"Macicnet") City and Macknet are sometimes individually referred to herein as a "Party" and,
together, as the "Parties."
1 Consent. Macknet hereby grants permission to City, and its authorized employees,
contractors, and agents, for a period of sixty (60) calendar days from the Effective Date of this
Agreement, to enter onto the property owned by Macknet and designated as county of San
Bernardino Assessor's Parcel Number 0300-451-13-0000 in the city of Redlands (the
"Property") for the purposes of conducting drillings and borings (collectively, the "Permitted
Activities"), at the sole cost of City City shall provide Macknet with three (3) days prior notice
specifying the anticipated dates on which City intends to enter upon the Property
2 Term. This Agreement shall terminate sixty-one (61) calendar days after the
Effective Date of this Agreement, unless earlier terminated as provided for herein.
3 Consideration. In consideration of Macknet's willingness to grant City this right
of entry upon the Property, City voluntarily offers, and Macknet will accept the results of City's
drillings and borings, 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, contractors, and agents while on the Property in connection with the
Permitted Activities. City shall defend, indemnify, and hold Macknet and its successors and
assigns harmless from, and defend Macknet 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 Macknet, or
its employees, agents, successors or assigns. This obligation shall survive the termination of this
Agreement.
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 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 Macknet determines that City is in
breach of any provision of this' Agreement, or that the actions of City, or its employees,
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contractors, or agents jeopardize the public health, safety or welfare, Macknet shall have the
right to notify City in writing of Macknet's immediate suspension or termination of this
Agreement
8 Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
9 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
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
IN WITNESS WHEREOF, the
MACKNET
Cathy A Macknet
Kenneth D Macknet
Mark R Macknet
25815 Barton Road, Suite 101
Loma Linda, CA 92354
cmacknet@hotmail com
mmacknet@mac com
dmacknet@gmail com
909-214-7771 (Cathy)
909-363-6238 (Mark)
Parties hereto have set their hands and affixed their
respective seals the day and year first above written
CITY OF REDLANDS
Charles M Duggan,
ATTEST
nne Donaldson, City Clerk
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MACKNET
A 5'7L1
Cathy A acknet, Property Owner
Kenneth D Macknet, Property Owner
Mark R Macknet, Property Owner
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