1 RIGHT OF ENTRY/LICENSE AGREEMENT FOR THE
FSSD PUMP STATION IMPROVEMENT FOR LOPES ROAD LIFT STATION PROJECT This Right of Entry and License Agreement (“Agreement”) is entered into as of ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ͕ ϮϬϮϲ ; the “Effective Date”) by and between &ĂŝƌĨŝĞůĚͲ^ƵŝƐƵŶ ^ĞǁĞƌŝƐƚƌŝĐƚ;LICENSEE) and the City of Fairfield, a Municipal Corporation (LICENSOR).
RECITALS
A. LICENSOR is the owner of the property consisting of the following Assessor’s Parcel Numbers 0180432020, located in the City of Fairfield, County of Solano, State of California, which is depicted on Exhibit A (the “Property”) attached to this Agreement and hereby incorporated by reference.
B. LICENSEE has requested from LICENSOR the right to access and use the City Properties for the purpose of staging and storing construction equipment.
C. Subject to the terms and conditions of this Ag reement, LICENSOR agrees to allow LICENSEE the right to use Property for the purpose of staging and storing of construction equipment and materials.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties have agreed as follows:
AGREEMENT
1. Grant of Right of Entry: LICENSOR hereby grants the LICENSEE its employees, consultants, contractors, subcontractors, agents and designees, permission to enter upon the Property for the sole purpose of staging and storing of construction equipment and materials.
LICENSEE shall pay to LICENSOR a license fee of $1.00 (“License Fee”) for the term of the Agreement.
Payment of the License Fee shall be made prior to the commencement of the term of the Agreement.
Ϯ͘ Assumption of Risk: LICENSEE enters the Property and performs or causes to be performed such work as referred to above, at its own risk and subject to whatever hazards or conditions may exist on the Property.
ϯ͘ Term: The term of this Agreement shall commence on the agreement execution date as entered above and shall expire ƚǁŽ LJĞĂƌs after the Effective Date, unless sooner terminated as hereinafter provided. LICENSEE and LICENSOR each shall have the right to terminate this Agreement for either’s sole convenience at any time during the term hereof by giving seven (7) days written notice to the other.
ϰ͘ Duty to Repair, Restore, or Replace: LICENSEE shall not track mud, dirt or debris (“Debris”) from its vehicles or equipment onto any public street. Should LICENSEE track Debris onto any public street LICENSEE shall immediately remove the Debris. If LICENSEE fails to remove the Debris, LICENSOR shall the right to remove the Debris and charge LICENSEE for the cost of the removal. If LICENSOR is fined by any regulatory agency for LICENSEE’S tracking of the Debris onto any public street, LICENSOR shall seek remuneration from LICENSEE and LICENSEE agrees to pay any such fine.