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HomeMy WebLinkAboutContracts & Agreements_11-2001REDLANDS COMMUNITY INVESTMENT CORPORATION and CITY OF REDLANDS AGREEMENT for the Maintenance of Right-of-Way/Planter Areas/Trees This agreement is by and between the City of Redlands (Owner) and the Redlands Community Investment Corporation (Licensee). Whereas Licensee desires to donate approximately 20 trees to Owner adjacent to Licensee's property located at 300 East State Street, in Redlands, California; Whereas Licensee is willing to take the necessary steps to ensure that said trees are properly planted and maintained; Whereas Owner is willing to permit Licensee access rights to dig, install, plant and maintain the trees and the adjacent property of Owner including the sidewalk; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the grant of license and other terms and conditions as provided in this Agreement, the parties agree as follows: 1. License Owner grants to licensee its agents and contractors, an exclusive license for the construction, excavation, and reconstruction of the Right -of Way as reasonably necessary to construct the planter areas, plant the number of trees specified and to install an irrigation and other maintenance systems for said trees on the Right -of -Way and adjoining property. 2. Installation and Maintenance of Trees All construction and installation of the trees, irrigation and maintenance system improvements shall be done at the sole cost and expense of Licensee. After completion thereof, Licensee shall at all times repair, replace and maintain the improvements in a good and safe condition at its sole cost and expense. 3. Insurance Owner shall maintain its umbrella and comprehensive general liability insurance, including property damage, which insures Owner and Licensee against liability for injury to persons, damage to property, and death of any person occurring in or about the Improvements, except for the liability directly resulting from Licensee's negligence. This is not intended to require Licensee to be named on Owner's insurance policy. 4. No Third Party Rights Neither Owner nor Licensee intend that this Agreement create any rights or Obligations to third parties, and no such third party shall be treated as a third party beneficiary of this Agreement. City of Redlands Maintenance of Right of Way; Planter areas; Trees Revised 1.19.01 w/o I sen —3 rd 1 of 01/19/01 REDLANDS COMMUNITY INVESTMENT CORPORATION and CITY OF REDLANDS AGREEMENT for the Maintenance of Right-of-Way/Planter Areas/Trees 5. Entire Agreement This Agreement constitutes the entire agreement between Owner and Licensee. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Owner and Licensee. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth below: City of Redlands (Owner) By• j Name: Pat Gilbreath Title: Mayor Date: January. 1__, 2001 ATTEST: Lorrie v er City C er Redlands Community Investment Corporation, a California Corporation By: Name: Keene Matsunaga 0 Title: Property Manager Date: 1/./ ?/9) By: / Name: Donald J. Berry, -Jr. Title: Manager Date: / �� D City of Redlands Maintenance of Right of Way; Planter areas; Trees Revised 1.19.01 w/o I sen —3 rd 2 of 2 01/19/01 �ed[ands Community gny_estment Corporation 300 (E. State St., 5th 37[oor (I?ed[ands, CA92373 January 22, 2001 Ron Mutter Director of Public Works City of Redlands 35 Cajon Street, Suite 222 Redlands, CA 92373 /00 a U) •,te u 0� S OD secQ:�cu 01.68 Ter. 909.748.0215 a'ax 909.748.0315 Subject: Revised Maintenance Agreement, Right of Way/Planter Areas/Trees Dear Ron: The enclosed Maintenance Agreement has been revised and the last sentence under the Insurance section has been deleted. We have enclosed 2 executed copies of the Maintenance Agreement. Please forward the enclosed copies to the Mayor for approval and signature, then return 1 copy to Redlands Community Investment Corporation. Sincerely, toe Keene Matsunaga Property -Manager KM/lg Agreement - Street Trees - Councilmember Gilbreath suggested a change to the agreement with the Redlands Community Investment Corporation by deleting a portion of the last sentence in Section 3, Insurance; the new sentence to read: "This is not intended to require Licensee to be named on owner's insurance policy." With that amendment, Councilmember Gilbreath moved to approve the amended agreement with the Redlands Community Investment Corporation for the planting of street trees surrounding the CalFed building located at 300 East State Street and to authorize the Mayor and City Clerk to sign the agreement on behalf of the City. Motion seconded by Councilmember George and carried unanimously. Contract - Telecommunication Switches - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a contract with Avaya for the hardware and installation of equipment necessary to upgrade the City's existing telecommunication switches. The cost of the upgrade is $42,848.00 and has been budged in the 2000-2001 fiscal year. Subordination Agreement - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved a subordination agreement for property located at 111 Edgemont Drive and authorized the Mayor and City Clerk to executive the document on behalf of the City. Employee Position - Municipal Utilities Department - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved the funding of the Senior Civil Engineer position in the Municipal Utilities Department through salary savings in the current year's budget. MOU - Alternative Fuels Program - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously approved the Memoranda of Understanding with the ° City of Highland, City of Yucaipa, Redlands Unified School District, and Southern California Gas Company, and © Omnitrans, to include as components of the Mobile Source Reduction alternative fuels match program application package for the CNG station. Notice Requirement - Socio-Economic Cost/Benefit Study - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized and directed staff to consolidate the public hearing notice for a Socio-Economic Cost/Benefit Study with the public hearing notice and notice of the preparation of a draft mitigated negative declaration for any development project. Sign Code Amendment - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously directed staff to January 16, 2001 Page 8