R.J. NOBLE COMPANY 1 - 2003 - Laserfiche WebLink

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INSURANCE ON FILE WORK PROCEED UNTIL !~N~UR~ANC£ EXPIRES '?-i o3 OF,COUNCiL RIGHT OF ENTRY AGREEMENT N-2003-034 THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as of~3/~r-day of [L[aKJv) 2003 by and between the CITY OF SANTA ANn, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (the "City"), and R.J. NOBLE COMPANY, a California corporation (the "Contractor"), with respect to the following: RECITALS A. The Contractor (or its principal) has entered into an agreement with the City to undertake certain public work improvements on Main Street in the City. B. The Contractor desires to use the portion of the Property owned by the City, commonly known as 1112 and 1114 South Cypress Street, and further identified on the Site Map attached hereto as Exhibit A as a storage and staging area for the work to be performed by Contractor pursuant to said agreement (hereafter referred to as "Construction Staging"). C. The City wishes to accommodate the Contractor's desire to utilize the Property for Construction Staging by granting a right of entry to Contractor upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Contractor and City do hereby agree as follows: 1. Right of Entry. Provided that all of the terms and conditions of this Agreement are fully satisfied, the City hereby grants to Contractor and its employees, agents and contractors the nonexclusive, nonassignable, personal right to enter upon the Property for the Construction Staging, and for no other purposes without the prior written approval of the Executive Director of the Community Development Agency. This Agreement shall automatically terminate and expire one year from the date of this Agreement, or thirty (30) days after written notice of expiration is provided by City, whichever occurs first. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other interest in the Property. 2. Agreement. By execution of this Agreement, Contractor agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) the Property. That Contractor will not permit any dangerous condition to be created on (b) All acts and things done by Contractor on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) Contractor shall enter the Property entirely at its own cost, risk and expense. (d) Prior to undertaking performance of work under this Agreement, 1 DOCSOC\872119v2k22782.0022