Laserfiche WebLink
March 1,2016 <br /> City of Redlands Entry Landscape Beautification Project <br /> 3. STATE agrees to do the following: <br /> 3.1. May provide CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO <br /> with timely written notice of unsatisfactory conditions that require correction by the <br /> CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO. However, the <br /> non-receipt of notice does not excuse CITY OF REDLANDS IN THE COUNTY OF <br /> SAN BERNARDINO from maintenance responsibilities assumed under this <br /> Agreement. <br /> 3.2. Issue encroachment permits to CITY OF REDLANDS IN THE COUNTY OF SAN <br /> BERNARDINO and CITY OF REDLANDS IN THE COUNTY OF SAN <br /> BERNARDINO contractors at no cost to them. <br /> 4. LEGAL RELATIONS AND RESPONSIBILITIES: <br /> 4.1. Nothing within the provisions of this Agreement is intended to create duties or <br /> obligations to or rights in third parties not party to this Agreement, or affect the legal <br /> liability of either PARTY to this Agreement by imposing any standard of care <br /> respecting the design, construction and maintenance of these STATE highway <br /> improvements or CITY OF REDLANDS IN THE COUNTY OF SAN <br /> BERNARDINO facilities different from the standard of care imposed by law. <br /> 4.2. If during the term of this Agreement, CITY OF REDLANDS IN THE COUNTY OF <br /> SAN BERNARDINO should cease to MAINTAIN the LANDSCAPING, SITE <br /> FURNISHINGS, and IRRIGATION to the satisfaction of STATE as provided by <br /> this Agreement, STATE may either undertake to perform that MAINTENANCE on <br /> behalf of CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO at <br /> CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO's expense or <br /> direct CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO to <br /> remove or itself remove LANDSCAPING, SITE FURNISHINGS, and <br /> IRRIGATION at CITY OF REDLANDS IN THE COUNTY OF SAN <br /> BERNARDINO's sole expense and restore STATE's right of way to its prior or a <br /> safe operable condition. CITY OF REDLANDS IN THE COUNTY OF SAN <br /> BERNARDINO hereby agrees to pay said STATE expenses, within thirty (30) days <br /> of receipt of billing by STATE. However, prior to STATE performing any <br /> MAINTENANCE or removing LANDSCAPING, SITE FURNISHINGS, and <br /> IRRIGATION, STATE will provide written notice to CITY OF REDLANDS IN <br /> THE COUNTY OF SAN BERNARDINO to cure the default and CITY OF <br /> REDLANDS IN THE COUNTY OF SAN BERNARDINO will have thirty(30) days <br /> within which to affect that cure. <br /> 4.3. Neither CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO nor <br /> any officer or employee thereof is responsible for any injury, damage or liability <br /> occurring by reason of anything done or omitted to be done by STATE under or in <br /> connection with any work, authority or jurisdiction arising under this Agreement. It <br /> is understood and agreed that STATE shall fully defend, indemnify and save <br /> harmless CITY OF REDLANDS IN THE COUNTY OF SAN BERNARDINO and <br /> all of its officers and employees from all claims, suits or actions of every name, kind <br /> 4 <br />