HomeMy WebLinkAboutQUONG AND ASSOCIATES , INC. - 2006
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: f.r-J 0'
c. f'JII): (t),:Telfy PI".)
N_2006-100
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMK\T ("Agreement") is made and entered into on
October 3, 2006 by and hetween the City of Santa Ana, a chart~r o;;ity and municipal corporation
organized and existing lUlder the Constitution and laws of the State of California (the "City") and
Quang and Associates, 10c., a California corporation (the "Contractor"), \vith respect to the
following:
RECITALS
A. The City is participating in a Hydrogen Vehicle Demonstration Project, to develop
hydrogen fueling infrastruclure and demonstration of hydrogen vehicles. In
furtherance of this goal, City has a hydrogen fueling station at its yard, located at 215
S. Center St., Santa Ana, California, hereinafter referred to as the "Property".
B. The Contractor desires to use the Property for refueling its hydrogen fuel vehicles
participating in the 2006 CaFCP Rally from Oolober 4 through October 9, 2006.
C. The City agrees to grant a right of entry upon the Property to Contractor upon certain
It:mlS and conditions.
NOWI THEREFORE, for good and valuable consideration, Contractor and City do hereby
agree as [ol1ov.is:
1. Ri~ht of Entry. The City hereby grants to Contractor and its employees, agents and
contractors the nonexclusive right to enter upon the Property for refueling hydrogen fuel vehicles in
connection with 2006 CaFeP Rally, and for no other purpose. This Agreement shall automatically
terminate and expire October lO, 2006.
2. Agreement. By execution of this Agreement, Contractor agrees for itself and on
hchalf of its employees, agents, consultants ami contractors as tollows:
(a) That Contmctor will not pt:Imit any dangerous condition to be created on the
Property
(11) All acts and things done by Contractor OIl the Propelty will be done in a careful
and reasonable manner, in accordance with all federal, state and lm:allaws.
(c) Contractor shall enter the Property entirely at its own cost, risk and expense.
3. Indemnity. Contractor hereby agrees to defend, indemnifY and hold the City, its
ofticer~, officials, members, employees, agents and representatives, harmless from and against any
and all loss, damage, injury, liability, claim, cost or expense (including, without limitation,
reasonable attorneys' fees, expert witness fees, court cost~, and t:xpt:Ilses) arising tram or
attributable to Contractor's, its officers, officials, employee:;;;, agents and contractors, use of the
hydrogen fueling stalion owned by City. All use of and entry upon the Property shall be at the sole
cost, risk and expense of the Contractor.
lJUCSOC\872119v2\12782.0022
4. 1\iiscellaneous.
(a) Choice of Law. This Agreement is to be governed by, and construed in
accordance with, the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
date first set forth above.
CITY OF SANTA ANA
ATTEST:
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PATRICIA E. HEAL
Clerk of the Council
DAVID N. REAM
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By~m1 2t.~~
Lau a Sheedy
Assistant City Attorney
QUONG AI'iD ASSOCIATES, INC.
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Sp~m;er Quong
Chief Tcchnology Officer
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