HomeMy WebLinkAboutWM. D. YOUNG & SONS, INC.
City of Santa Ana
~',,_T ~ Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M-30). ~; E '"
Call 647-6520 if you have any questions. ~.-I °_
The agreement with w m . -
and final payment has been made.
Revised 12-07-07
was completed on
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Phone/Ext.: ~SlP (eS
Signature:
Date:
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DATE 3-13-0`
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RIGHT OF ENTRY AGREEMENT
N-2008-023
THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made
and entered into as of this 4`" day of March, 2008 by and between WM. D. YOUNG & SONS,
INC. (hereinafter "Young and Sons"), located at 81-910 Arus Avenue, Indio, California 92201,
and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California (the "City"), with respect to the
following:
RECITALS
A. At no cost to City, Young and Sons desires to remove two palm trees, one located
on Ciry property at the Northwest comer of Raymar and Bristol Street, Santa Ana, CA, and the
other at the Northeast corner of West 2"d Street and Bristol Street, Santa Ana, CA.
B. The City desires accommodate Young and Son's desire to remove the palm trees
at no cost to the City by granting a right of entry and license to Young and Sons upon certain
terms and conditions.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. Right of Entry and License.
a. Provided that all of the terms and conditions of this Agreement are fully satisfied,
the City hereby grants to Young and Sons, its employees, agents and contractors the
nonexclusive right to enter upon the properties located at:
1.) The Northwest corner of Raymar and Bristol Street, 1301 West Raymar
Street, in the City of Santa Ana, County of Orange, and
2.) The Northeast corner of West 2aa Street and Bristol Street, 1249 2°d Street,
in the City of Santa Ana, County of Orange, collectively "the Properties".
b. The City hereby grants to Young and Sons a license for the following:
Professional removal of Palm Trees located on each of the Properties, including back-fill
of all holes and clean up of the site in a reasonable and timely manner.
This License and Right of Entry shall expire upon completion of said tree removal and clean-up
work, and in any event, no later than March 31, 2008, unless extended by written agreement
between the undersigned and the City. The term of this Agreement may be extended at the sole
and absolute discretion of the Executive Director of the Public Works Agency and the City
Attorney, or their designees, for an additional period.
b. It is expressly understood that this Agreement does not in any way grant or
convey any rights of possession, easement or other interest in the Properties and/or fixtures
and/or personal property affixed to said Properties to Young and Sons.
2. Agreement. By execution of this Agreement, Young and Sons agrees for itself
and on the behalf of its employees, agents, consultants and contractors as follows:
(a) Prior to removal Young and Sons will notify neighboring property owners
of the proposed work.
(b) Young and Sons will not permit any dangerous condition to be created on
the Properties. Young and Sons will re-fill all holes to be level with the surrounding property.
(c) All work done by Young and Sons on the Properties will be done in a
careful and reasonable manner, in accordance with all federal, state and local laws. All materials
used pursuant to this agreement must be approved in advance by the Executive Director of
Public Works.
(d) Young and Sons shall enter the Properties entirely at its own cost, risk and
expense
(e) The rights herein granted to Young and Sons, are exclusive, and Young
and Sons agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and
Right of Entry without the prior expressed written approval of the undersigned.
(f) Young and Sons shall not permit any mechanics', materialmen's or
other liens of any kind or nature ("Liens") to be filed or enforced against the Property in
connection with the tree removal or property clean-up. Young and Sons shall indemnify,
defend and hold harmless City from all liability for any and all liens, claims and demands,
together with costs of defense and reasonable attorneys' fees, arising from any Liens. City
reserve the right, at its sole wst and expense, at any time and from time to time, to post and
maintain on the Property or any portion thereof, any notices ofnon-responsibility or other notice
as maybe desirable to protect City against liability. In addition to, and not as a limitation of
City's other rights and remedies under this Agreement, should Young and Sons fail, within ten
(10) days of written request from Ciry, either to discharge any Lien or to bond for any Lien, or to
defend, indemnify, and hold harmless City from and against any loss, damage, injury, liability or
claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or
discharge such Lien and any action or judgment related thereto and all costs, expenses and
attorneys' fees incurred in doing so shall be paid to City, as applicable, by Young and Sons upon
written demand.
(g) Young and Sons shall not have any interest in the Property or be
entitled to any reimbursement or repayment far any work performed upon the Property
pursuant to this Agreement.
(h) Young and Sons shall take all necessary precautions to prevent the import
and/or release into the environment of any hazardous materials, which aze imported to, in, on or
under the Property during the tree removal and clean-up. If hazardous materials arc imported
onto the Property as a result of the work, Young and Sons shall be solely responsible for
removing such imported hazardous materials in conformance with all governmental
requirements. Young and Sons shall report to the City, as soon as possible after each incident,
any unusual or potentially important incidents with respect to the environmental condition of the
Property.
3. Insurance. Prior to undertaking performance of work under this Agreement,
Young and Sons shall maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
i. Commercial General Liability Insurance. Young and Sons shall maintain
commercial general liability insurance naming the City, its respective officers, employees,
agents, volunteers and representatives as additional insureds) and shall include, but not be
limited to protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence arising out of
Young and Sons' operations in the performance of this Agreement, including, without limitation,
acts involving vehicles. The amounts of insurance shall be not less than the following: single
limit coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1.,000,000 per occurrence. Young and Sons shall
supply City with a fully executed additional insured endorsement with clauses
(A) Stating that with respect to claims arising out of the operations and
uses performed by or on behalf of the named insured, such insurance as is
afforded by Young and Sons policy is primary and is not additional to or
contributing with other insurance carried by or for the benefit of the
additional insureds; and
(B) Such insurance applies separately to each insured against whom claim
is made or suit is brought, except with respect to the company's limits of
liability. The inclusion of any person or organization as an insured shall
not affect any right which such person or organization would have as a
claimant if not so included.
ii. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
iii. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Consultant, if Young and Sons has any employees, is required
to be insured against liability for worker's compensation or to undertake self-insurance. Prior to
commencing the performance of the work under this Agreement, Young and Sons agrees to
obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per
accident.
iv. The following requirements apply to the insurance to be provided by Young
and Sons pursuant to this section:
Young and Sons shall maintain all insurance required above in full
force and effect for the entire period covered by this Agreement.
Certificates of insurance shall be furnished to the City upon execution
of this Agreement and shall be approved in form by the City Attorney.
Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City.
4. Indemnity. Young and Sons hereby agrees to defend, indemnify and hold the
City, its officers, employees, agents, volunteers 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 costs, and expenses) arising from or
attributable to the activities of Young and Sons or any of its employees, agents, consultants or
contractors upon the Properties, pursuant to this Agreement. All use of and entry upon the
Properties shall be at the sole cost, risk and expense of Young and Sons.
5. Miscellaneous.
(a) Choice of Law. This Agreement is to be governed by, and construed in
accordance with, the laws of the State of California.
(b) Remedies. Either party shall, in addition to all other rights provided
herein or as may be provided by law, be entitled to the remedies of specific performance and
injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary
in this Agreement. All rights and remedies under this Agreement are cumulative and no one of
them shall be exclusive of any other, and each party shall have the right to pursue any one or all
of such rights and remedies or any other remedy which may be provided by law, whether or not
stated in this Agreement, except to the extent expressly provided to the contrary in this
Agreement.
(c) Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original but all of which together shall constitute
one and the same instrument.
(d) Non-Liability of Public Officials. No officer, employee, agent, volunteer
or representative of the City shall be personally liable to Young and Sons, or any successor in
interest, in the event of any default or breach by the City, or for any breach of any obligation of
the terms of this Agreement.
//
//
//
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
date first set forth above.
ATTEST:
~03t N^~^'~ ~
rs PATRICIA E. ifr.ALY
Clerk of the Couneil
CITY OF SANTA ANA
DAVID N. REA
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
La a Sheedy
Assistant City Attorney
WM. D. YOUNG AND SONS, INC.
APPROVED AS TO
Director-Public Works
~~ ~~
WILLIAM D. YOUN
President /Owner
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