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<br />INSURANCE NOT REQUIRED
<br />WORK MAY PROCEED
<br />CLERK OF COUNCIL
<br />DATE: f.r-J 0'
<br />c. f'JII): (t),:Telfy PI".)
<br />
<br />N_2006-100
<br />
<br />RIGHT OF ENTRY AGREEMENT
<br />
<br />THIS RIGHT OF ENTRY AGREEMK\T ("Agreement") is made and entered into on
<br />October 3, 2006 by and hetween the City of Santa Ana, a chart~r o;;ity and municipal corporation
<br />organized and existing lUlder the Constitution and laws of the State of California (the "City") and
<br />Quang and Associates, 10c., a California corporation (the "Contractor"), \vith respect to the
<br />following:
<br />
<br />RECITALS
<br />
<br />A. The City is participating in a Hydrogen Vehicle Demonstration Project, to develop
<br />hydrogen fueling infrastruclure and demonstration of hydrogen vehicles. In
<br />furtherance of this goal, City has a hydrogen fueling station at its yard, located at 215
<br />S. Center St., Santa Ana, California, hereinafter referred to as the "Property".
<br />
<br />B. The Contractor desires to use the Property for refueling its hydrogen fuel vehicles
<br />participating in the 2006 CaFCP Rally from Oolober 4 through October 9, 2006.
<br />
<br />C. The City agrees to grant a right of entry upon the Property to Contractor upon certain
<br />It:mlS and conditions.
<br />
<br />NOWI THEREFORE, for good and valuable consideration, Contractor and City do hereby
<br />agree as [ol1ov.is:
<br />
<br />1. Ri~ht of Entry. The City hereby grants to Contractor and its employees, agents and
<br />contractors the nonexclusive right to enter upon the Property for refueling hydrogen fuel vehicles in
<br />connection with 2006 CaFeP Rally, and for no other purpose. This Agreement shall automatically
<br />terminate and expire October lO, 2006.
<br />
<br />2. Agreement. By execution of this Agreement, Contractor agrees for itself and on
<br />hchalf of its employees, agents, consultants ami contractors as tollows:
<br />
<br />(a) That Contmctor will not pt:Imit any dangerous condition to be created on the
<br />
<br />Property
<br />
<br />(11) All acts and things done by Contractor OIl the Propelty will be done in a careful
<br />and reasonable manner, in accordance with all federal, state and lm:allaws.
<br />
<br />(c) Contractor shall enter the Property entirely at its own cost, risk and expense.
<br />
<br />3. Indemnity. Contractor hereby agrees to defend, indemnifY and hold the City, its
<br />ofticer~, officials, members, employees, agents and representatives, harmless from and against any
<br />and all loss, damage, injury, liability, claim, cost or expense (including, without limitation,
<br />reasonable attorneys' fees, expert witness fees, court cost~, and t:xpt:Ilses) arising tram or
<br />attributable to Contractor's, its officers, officials, employee:;;;, agents and contractors, use of the
<br />hydrogen fueling stalion owned by City. All use of and entry upon the Property shall be at the sole
<br />cost, risk and expense of the Contractor.
<br />
<br />lJUCSOC\872119v2\12782.0022
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