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HomeMy WebLinkAboutT-MOBILE WEST CORPORATION 1 - 2009.Markel: LA . Site`vumbcr. LA03009C NOV 1 8 2009 N-2009-131 site Name: El Salvador ~ ~-' _: C ~~1. TEMPORARY UTILITY AGREEMENT ~i ~?t~)C, (~ ~ ~~t-~~ti~~ THIS TEMPORARY UTILITY AGREEMENT (this "Agreement") is between City of Santa Ana, a charter city ("Landlord"), and T-Mobile West Corporation, a Delaware corporation ("T-Mobile"). Landlord is the owner of the property at 1825 Civic Center Drive West, City of Santa Ana, State of California. T- Mobile is leasing a portion of the property from Landlord. T-Mobile desires to temporarily use electricity from Landlord to operate T-Mobile's equipment. Landlord agrees to provide T-Mobile with electricity as indicated above. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and T-Mobile hereby agree to the terms as follows: L Term. The term of this Agreement shall be for ninety (90) days commencing on October 5th, 2009(Commencement Date). 2. Utility service. a} Landlord grants to T-Mobile, the right temporarily to tie into Landlord's electricity to operate T-Mobile equipment. As consideration, T-Mobile shall pay rent to Landlord on a monthly basis of Three Hundred and 00/100 dollars ($300.00) beginning on the Commencement Date and stopping on the date that T-Mobile either receives the permanent electric meter or upon expiration of the 90 days. h) Payments shall be sent to 26 Civic Center Drive; 2°d floor, Santa Ana, CA. 92702 (Landlord's address). 3. Agreement. By execution of this Agreement, T-Mobile agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) That T-Mobile will not permit a dangerous condition to be created by T-Mobile on the Property. (b) All acts and things done by T-Mobile on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) T-Mobile shall enter the Property entirely at its own cost, risk and expense. (d) Prior to undertaking performance of work under this Agreement, T-Mobile shall maintain and shall require its subcontractor, if any, to obtain and maintain commercial general liability insurance which 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 T-Mobile's negligent 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, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its olGcers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City with respect to the negligent acts of T-Mobile; and (c) contain standard separation of insureds provisions. (e) T-Mobile shall not permit any mechanics', material men's or other liens of any kind or nature ("Liens") to be filed or enforced against the Property in connection with the electrical tie in. T-Mobile shall indemnify, defend and hold harmless Landlord from all liability for any and all such liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. Landlord reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices ofnon-responsibility or other notice as maybe desirable to protect Site OWNER vJANUARY 2009 1 Landlord against liability. In addition to, and not as a limitation of Landlord's other rights and remedies under this Agreement, should T-Mobile fail, within ten (10) days of written request from Landlord, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless Landlord from and against any loss, damage, injury, liability or claim arising out of a Lien, the Landlord, 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 Landlord, as applicable, by T-Mobile upon written demand. (f) T-Mobile shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to this Agreement. 4. Indemnity. T-Mobile hereby agrees to defend, indemnify and hold Landlord and its officers, employees, agents and representative, 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 negligent activities of T-Mobile or any of its employees, agents, consultants or contractors upon the Property pursuant to this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and expense of T-Mobile. 5. Notices to each party shall be in writing. Notices to Landlord shall be to Landlord's address. Notices to T-Mobile West Corporation, 3 MacArthur Place, #1100, Santa Ana, CA 92707. Attn: Property Management. 6. Faxed Si nature. The parties agree that a faxed copy of the Agreement with a proper signature is acceptable and shall have the same binding effect as the original signed Agreement. IN WITNESS WHEREOF, the parties have executed this Temporary Utility Agreement on the date set forth below. Landlord: Cit o~Sant a, a barter city. T-Mobile: T-Mobile West Co oration BY ,- B Name: DAVID N. REAM, ity Manager Name: j . ,~,, ~ i~,,,,:,, , ,.., Title: Landlord Title: Director of ngineerin & O erations Date: Date: %©~ ~ U ATTEST r Maria D. Huizar, Clerk-af`~the Council Approved as to Form: Laura Sheedy Assistant City Attorney Recommended for Approval ~j~'y~~ /~ ° Gerardo Mouet ~ Executive Director - PRCS Approved as to form ~~ Name: 7,~J t~4 7 ~ c~ ~~R/o%~(%t G~ JN S mac-,