|
.Markel: LA .
<br />Site`vumbcr. LA03009C NOV 1 8 2009 N-2009-131
<br />site Name: El Salvador
<br />~ ~-' _: C ~~1. TEMPORARY UTILITY AGREEMENT
<br />~i ~?t~)C, (~ ~ ~~t-~~ti~~
<br />THIS TEMPORARY UTILITY AGREEMENT (this "Agreement") is between City of Santa Ana, a charter city
<br />("Landlord"), and T-Mobile West Corporation, a Delaware corporation ("T-Mobile").
<br />Landlord is the owner of the property at 1825 Civic Center Drive West, City of Santa Ana, State of California. T-
<br />Mobile is leasing a portion of the property from Landlord. T-Mobile desires to temporarily use electricity from
<br />Landlord to operate T-Mobile's equipment. Landlord agrees to provide T-Mobile with electricity as indicated above.
<br />For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and
<br />T-Mobile hereby agree to the terms as follows:
<br />L Term. The term of this Agreement shall be for ninety (90) days commencing on October 5th,
<br />2009(Commencement Date).
<br />2. Utility service.
<br />a} Landlord grants to T-Mobile, the right temporarily to tie into Landlord's electricity to operate T-Mobile
<br />equipment. As consideration, T-Mobile shall pay rent to Landlord on a monthly basis of Three Hundred and
<br />00/100 dollars ($300.00) beginning on the Commencement Date and stopping on the date that T-Mobile either
<br />receives the permanent electric meter or upon expiration of the 90 days.
<br />h) Payments shall be sent to 26 Civic Center Drive; 2°d floor, Santa Ana, CA. 92702 (Landlord's address).
<br />3. Agreement. By execution of this Agreement, T-Mobile agrees for itself and on the behalf of its employees, agents,
<br />consultants and contractors as follows:
<br />(a) That T-Mobile will not permit a dangerous condition to be created by T-Mobile on the Property.
<br />(b) All acts and things done by T-Mobile on the Property will be done in a careful and reasonable manner,
<br />in accordance with all federal, state and local laws.
<br />(c) T-Mobile shall enter the Property entirely at its own cost, risk and expense.
<br />(d) Prior to undertaking performance of work under this Agreement, T-Mobile shall maintain and shall
<br />require its subcontractor, if any, to obtain and maintain commercial general liability insurance which shall include, but
<br />not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting from any act or occurrence arising out of T-Mobile's negligent operations in the
<br />performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
<br />be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such
<br />insurance shall (a) name the City, its olGcers, employees, agents, volunteers and representatives as additional
<br />insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City with respect to
<br />the negligent acts of T-Mobile; and (c) contain standard separation of insureds provisions.
<br />(e) T-Mobile shall not permit any mechanics', material men's or other liens of any kind or nature ("Liens")
<br />to be filed or enforced against the Property in connection with the electrical tie in. T-Mobile shall indemnify, defend
<br />and hold harmless Landlord from all liability for any and all such liens, claims and demands, together with costs of
<br />defense and reasonable attorneys' fees, arising from any Liens. Landlord reserves the right, at its sole cost and
<br />expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the
<br />improvements on the Property, any notices ofnon-responsibility or other notice as maybe desirable to protect
<br />Site OWNER vJANUARY 2009 1
<br />
|