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RIGHT OF ENTRY AGREEMENT
<br />This right of entry agreement ("Agreement") is made this 8th day of October, 2021
<br />("Effective Date"), by and between the City of Redlands, a municipal corporation and general
<br />law city ("City"), and Miller & Associates, a California limited liability company ("Miller")
<br />City and Miller are sometimes individually referred to herein as a "Party" and, together, as the
<br />"Parties."
<br />1 Consent. Miller herby grants permission to City, and its agents, employees,
<br />consultants, contractors, and representatives, for a period of thirty (30) calendar days from the
<br />Effective Date of this Agreement, to enter onto the property owned by Miller and located at 611
<br />W Redlands Boulevard in the city of Redlands (the "Property") for the purpose of performing
<br />subsurface utility location activities at a maximum of eight (8) locations more particularly
<br />described in Exhibit "A," titled "Permitted Activities," which is attached hereto and incorporated
<br />herein by reference, at the sole cost of City City shall provide Miller with three (3) days prior
<br />written notice specifying the anticipated dates on which City intends to enter upon the Property
<br />2. Term. The Agreement shall terminate thirty (30) calendar days after the Effective
<br />Date of this Agreement unless earlier terminated as provided for herein.
<br />3 Consideration. In consideration of Miller's willingness to grant City this right of
<br />entry upon Miller's Property, City voluntarily offers, and Miller hereby accepts, City's
<br />subsurface utility location activities, at City's sole cost.
<br />4 Removal and Restoration. City shall remove all equipment and personal property
<br />brought onto the Property in connection with the Permitted Activities and shall restore the
<br />Property to its condition existing as of the Effective Date of this Agreement, and shall
<br />subsequently vacate the Property, ensuring that the Property is left in good and clean condition.
<br />5 Indemnity City shall be responsible for any damages caused by the acts and/or
<br />omissions of its employees, agents, representatives, or contractors while on the Property in
<br />connection with the Permitted Activities City shall defend, indemnify, and hold Miller, and its
<br />employees, agents, successors and assigns harmless from, and defend Miller against, any and all
<br />losses, damages, costs, penalties, expenses, liabilities, judgments, liens, suits, claims or demands
<br />relating to or arising out of the Permitted Activities conducted on the Property pursuant to this
<br />Agreement, except to the extent that the same are attributable to the sole active negligence or
<br />willful misconduct of Miller or its employees, agents, successors, or assigns This obligation
<br />shall survive the termination of this Agreement.
<br />6 Insurance. City and its contractors, respectively, shall procure and maintain the
<br />following insurance coverage for all of City's employees and its contractors performing any
<br />Permitted Activities on the Property.
<br />A. Workers' Compensation and Employer's Liability insurance pursuant to
<br />Labor Code sections 3700 and 1860 in an amount which meets statutory requirements
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