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RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement ( "Right of Entry") is entered into this Z 3 day of
FX , 2012 by and between the CITY OF ARCADIA, a California charter city and
municip I corporation ( "CITY ") and SANTA ANITA LITTLE LEAGUE, a not for profit
organization ( "SALL "). CITY and SALL are sometimes individually referred to in this Right
of Entry as "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, CITY is the owner in fee of that certain real property commonly
referred to as Eisenhower Park, situated on APN 5772 - 011 -900 and APN 5772 - 010 -905 in
the City of Arcadia, California ( "Property "); and
B. WHEREAS, SANTA ANITA LITTLE LEAGUE desires to obtain CITY'S
permission and CITY wishes to grant SANTA ANITA LITTLE LEAGUE permission to enter
onto Property and cause to be provided contracted services to completely modify,
renovate, and restore the baseball fields of Property ( "Improvements "); and
C. WHEREAS, SANTA ANITA LITTLE LEAGUE desires and intends to retain
the services of Athletic Field Specialists. ( "Contractor'), under separate contract, to provide
said Improvements. The Improvements are more specifically set forth in Exhibit "A ",
attached hereto and incorporated herein by reference; and
D. WHEREAS, the Parties desire and intend to enter into this Right of Entry
whereby CITY will allow SANTA ANITA LITTLE LEAGUE, its officials, employees, agents,
and Contractor, to enter Property for the purpose of installing the Improvements in
accordance with the terms set forth herein;
NOW, THEREFORE, CITY and SANTA ANITA LITTLE LEAGUE do hereby agree
as follows:
AGREEMENT
1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the
Recitals above. Said Recitals are incorporated herein by reference.
2. Right of Entry. CITY hereby grants to SANTA ANITA LITTLE LEAGUE and
its officials, employees, agents, and Contractor, a permit and temporary right to enter onto
Property for the purpose of performing a complete renovation of the Eisenhower Park
baseball fields for no other purpose. The right to enter Property shall be subject to the
following terms and conditions:
a. Any property of CITY damaged or destroyed by SANTA ANITA LITTLE
LEAGUE, or its officials, employees, agents or Contractor, incident to the exercise of the
privileges herein granted, shall be promptly repaired or replaced by SANTA ANITA LITTLE
LEAGUE, or in lieu of such repair or replacement, SANTA ANITA LITTLE LEAGUE shall, if
so required by the CITY'S City Manager, pay to CITY money in an amount sufficient to
compensate for the loss sustained by CITY or by reason of damage to or destruction of
CITY property.
b. All tools, equipment, and other property taken onto or placed upon
Property by SANTA ANITA LITTLE LEAGUE, its officials, employees, agents or Contractor,
shall be removed upon expiration of this Right of Entry in accordance with Section 3 below.
SANTA ANITA LITTLE LEAGUE and Contractor are solely responsible for securing any
tools, equipment, and other chattel on Property.
c. Improvements shall be made without any cost or expense to CITY, and
shall be paid by SANTA ANITA LITTLE LEAGUE. SANTA ANITA LITTLE LEAGUE shall
be responsible for payment of the full amount therefor and any approved change orders.
d. SANTA ANITA LITTLE LEAGUE shall provide CITY all proposed plans
and specifications for the improvements (including colors and products) for CITY approval
at least ten (10) business days prior to commencement of work. SANTA ANITA LITTLE
LEAGUE shall not commence work on the Improvements unless SANTA ANITA LITTLE
LEAGUE has first received CITY'S written approval of such plans and specifications.
e. In addition to the works and services provided by Athletic Field Specialists,
SANTA ANITA LITTLE LEAGUE shall retain and pay for the work and services of a
contractor to modify and repair the three baseball fields at Eisenhower Park per the
specifications, including the modification of the west t -ball field to include a dirt infield,
pitching mound, and improved chain link back stop to provide adequate safety for youth
baseball.
f. SANTA ANITA LITTLE LEAGUE agrees to communicate with CITY's
Recreation & Community Services Department ( "Department ") as to all requests to
close /lock any portion of Property and to deviate from the plans and specifications for the
Improvements, as approved by the CITY.
3. Term. This Right of Entry shall be effective from the date first set forth above
and shall expire on March 1, 2013 unless earlier terminated as provided herein.
4. Liens. SANTA ANITA LITTLE LEAGUE shall not permit to be placed against
Property, or any part thereof, any design professionals', mechanics', materialmen's,
laborers' contractors' or subcontractors' liens with regard to SANTA ANITA LITTLE
LEAGUE'S actions upon Property under this Right of Entry. SANTA ANITA LITTLE
LEAGUE agrees to hold CITY harmless from and against any loss or expense, including,
without limitation, reasonable attorneys' fees and costs, arising from or related to any such
liens which might be filed against Property.
5. Compliance with Laws /Permits. SANTA ANITA LITTLE LEAGUE shall, in all
activities undertaken pursuant to this Right of Entry, comply, and ensure that its Contractor,
agents and employees comply, with all federal, state and local laws, statutes, orders,
ordinances, rules, regulations, plans, policies and decrees. Without limiting the generality
of the foregoing, SANTA ANITA LITTLE LEAGUE, at its sole cost and expense, shall obtain
any and all permits which may be required by any law, regulation or ordinance for any
activities SANTA ANITA LITTLE LEAGUE desires to conduct or have conducted pursuant
to this Right of Entry.
6. Insurance. SANTA ANITA LITTLE LEAGUE shall, prior to any work being
performed on Property pursuant to this Right of Entry, obtain for itself, and require
Contractor and any consultant entering Property on its behalf to obtain, insurance of the
type, containing the provisions and in the amounts described in Exhibit "B" attached hereto
and incorporated herein by reference.
7. Release. SANTA ANITA LITTLE LEAGUE hereby releases and waives, and
shall be deemed to have released and waived, on behalf of itself and all permitees, any and
all present or future claims, causes of action, or demands against CITY, its officials,
officers, employees, volunteers and agents, that SANTA ANITA LITTLE LEAGUE and /or
permitees now have or may hereafter accrue on account of, or in any way growing out of or
in connection with, any and all known and unknown, or seen and unforeseen, bodily and
personal injuries, including death, or property damage and the consequences thereof,
resulting or which may result from any acts or omissions of SANTA ANITA LITTLE
LEAGUE and /or permitees upon Property or the use of any equipment or procedures while
on, entering, or leaving Property. With respect to the release and waivers set forth in this
paragraph, SANTA ANITA LITTLE LEAGUE, on behalf of itself and all permitees, hereby
expressly waives the provisions of Section 1542 of the California Civil Code, which
provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE
MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR
8. Indemnification.
a. SANTA ANITA LITTLE LEAGUE hereby agrees to indemnify, defend,
assume all liability for and hold harmless CITY and its officials, officers, employees, agents
and representatives from all actions, claims, suits, penalties, obligations, liabilities,
damages to property, environmental claims or injuries to persons, which may be caused
by SANTA ANITA LITTLE LEAGUE'S activities pursuant to this Right of Entry or arising
out of or in connection with such activities, whether such activities or performance thereof
is by SANTA ANITA LITTLE LEAGUE, Contractor or anyone directly or indirectly
employed or anyone else under contract with SANTA ANITA LITTLE LEAGUE, and
whether such damage or claim shall accrue or be discovered before or after the
termination of this Right of Entry. SANTA ANITA LITTLE LEAGUE specifically, and not by
way of limitation, agrees that it shall be responsible for the clean up of Property upon
completion of Improvements pursuant to this Right of Entry. The indemnity and other
rights afforded to CITY by this section shall survive the revocation or termination of this
Right of Entry.
b. SANTA ANITA LITTLE LEAGUE shall require that Contractor agree to
indemnify defend, assume all liability for and hold harmless CITY and its officials, officers,
employees, agents and representatives from all actions, claims, suits, penalties,
obligations, liabilities, damages to property, environmental claims or injuries to persons,
which may be caused by Contractor's activities pursuant to this Right of Entry or arising
out of or in connection with such activities, whether such activities or performance thereof
is by Contractor, or anyone directly or indirectly employed or under subcontract with
Contractor, and whether such damage or claim shall accrue or be discovered before or
after the termination of this Right of Entry. SANTA ANITA LITTLE LEAGUE shall also
require that Contractor agree that the indemnity and other rights afforded to CITY by this
section as against Contractor shall also survive the revocation or termination of this Right
of Entry.
9. Maintenance and Repair. CITY shall, at its own cost, exercise reasonable
measures to repair and maintain Improvements on Property at all times Property is used for
purposes consistent with said Improvements. CITY does not guarantee, warrant or
represent that Property will continue to be used for purposes described in this Right of
Entry.
10. Inspection. CITY and its representatives, employees, agents or contractors
may enter and inspect Property or any portion thereof or any Improvements made thereon
at any reasonable time to verify SANTA ANITA LITTLE LEAGUE'S compliance with the
terms and conditions of this Right of Entry.
11. No Real Property Interest. It is expressly understood that this Right of Entry
does not in any way whatsoever grant or convey any permanent easement, lease, fee or
other interest in Property to SANTA ANITA LITTLE LEAGUE or Contractor. This Right of
Entry is not exclusive and CITY specifically reserves the right to grant other rights of entry
on and within the vicinity of Property.
12. Attorneys' Fees. In the event of a dispute between the Parties with respect to
the terms or conditions of this Right of Entry, the prevailing Party shall be entitled to collect
from the other its reasonable attorneys' fees as established by the judge or arbitrator
presiding over such dispute.
13. Revocable License and Termination Notwithstanding any improvements
made by SANTA ANITA LITTLE LEAGUE or Contractor to Property or any sums expended
by SANTA ANITA LITTLE LEAGUE or Contractor in furtherance of this Right of Entry, the
right of entry granted herein is revocable and may be terminated by CITY in accordance
with the terms herein.
a. This Right of Entry shall terminate pursuant to its expiration date, or
may be terminated at any time by CITY upon 48 hours written notice provided to SANTA
ANITA LITTLE LEAGUE.
4
b. In cases of an emergency or a breach of this Right of Entry by SANTA
ANITA LITTLE LEAGUE, this Right of Entry may be terminated by CITY immediately.
C. This Right of Entry may only be extended, modified or amended by
mutual agreement of the Parties expressed in writing and signed by a duly authorized
representative of each of the respective Parties hereto.
14. Notice. Any notice hereunder to be given by SANTA ANITA LITTLE LEAGUE
to CITY shall be deemed to be properly served on the date it is deposited in the United
States Mail, postage prepaid, addressed to City Manager, City of Arcadia, 240 W.
Huntington Dr., Arcadia, California 91007. Any notice to be given hereunder by CITY to
SANTA ANITA LITTLE LEAGUE shall be deemed to be properly served on the date it is
deposited in the United States Mail, postage prepaid, addressed to P.O. Box 660661,
Arcadia, CA 91066.
15. Independent Contractor. It is expressly understood that Contractor shall not
be an employee of CITY, but shall instead be an independent contractor under separate
contract with SANTA ANITA LITTLE LEAGUE. SANTA ANITA LITTLE LEAGUE assumes
all responsibility for supervision of Contractor and warrants that Improvements shall be
performed competently and professionally, in accordance with the standards prevalent in
Contractor's industry.
16. Continuing Liability. No termination or expiration of this Right of Entry shall
release SANTA ANITA LITTLE LEAGUE from any liability or obligation hereunder resulting
from any acts, omissions or events happening prior to the termination or expiration of this
Right of Entry.
17. Entire Agreement. This Agreement constitutes the entire agreement between
the Parties pertaining to the subject matter contained in it, and supersedes all prior and
contemporaneous agreements, representations, and understanding of the Parties with
respect to such subject matter and with respect to any other agreements relating to
Property.
18. Authority. The persons signing below represent and warrant that they have
the requisite authority to bind the entities on whose behalf they are signing.
19. Severability of Provisions. If any one or more of the provisions of this Right of
Entry shall be held by court of competent jurisdiction to be void, voidable, or unenforceable,
such provision(s) shall be deemed severable from the remaining provisions of this Right of
Entry and shall not affect the validity of the remaining portions of this Right of Entry.
20. Counterparts. This Right of Entry may be executed in one or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
[Signatures on following page]
5
SIGNATURE PAGE
TO
RIGHT OF ENTRY AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry on
the date first written above.
THE CITY OF ARCADIA
�Domin�icLaz�tto�
City Manager
Date
ATTEST:
APPROVED AS TO FORM:
By: 4a"
Stephen P. Deitsch
City Attorney
SANTA ANITA LITTLE LEAGUE
Name:
Title: P e
Date
Name:
Title: Treasurer
/Z /5//2
Date
EXHIBIT "A"
IMPROVEMENTS
[ATTACHED BEHIND THIS PAGE]
November 9, 2012
Mr. Greg Burns
Santa Anita Little League
Arcadia, Ca.
Dear Greg,
Here is the proposal you requested for the field renovation procedures at Eisenhower
Park at Lojeski Field and in Arcadia
For the baseball field at Lojeski Field, Athletic Field Specialists proposes to:
• Survey the infield reset the field as needed back to its original specifications. We
will replace the base peg on first base and check the second and third base pegs.
• Conduct an irrigation audit on the outfield and infield. We will advise of any
repairs and the cost involved.
• Sod cut and remove the lip along the arc. We will remove 31/2' of turf around the
arc. The area will be regraded and prepped for sod. The debris will be hauled off
site.
• Provide and install hybrid bermudagrass in "big roll" format. The sod will be
fertilized and rolled to expedite the establishment period.
• Reinforce the wear areas of the pitcher's mound, batters boxes and catcher's box
with Hilltopper mound mix.
• Provide and incorporate 12 %2 tons of infield mix onto the infield and baselines.
The areas will be compacted and laser leveled.
The cost for the field renovation on the main field at Lojeski Field procedure detailed
above is $5,850.00. It includes the sod, all material, labor and equipment required for the
procedure detailed above. It does not include any irrigation parts that may be needed.
For the Machine Pitch field, Athletic Field Specialists proposes to:
• Build new pitching mound at 43'
• Rebuild the home plate area with hilltopper mound mix.
The cost for the work to be performed on the Machine Pitch field detailed above is
$2300.00. It includes all material, labor and equipment required for the procedure
detailed above. It does not include any irrigation parts that may be needed.
3094 E. Shauna Drive • Highland, CA 92346.Office (909) 864 -2530 • Fax (909) 425 -2648
I look forward to working with you and the Santa Anita community again this year.
Thank you for your consideration. Please call me if you have any questions.
Sincerely,
Jeff Kuenuman
Athletic Field Specialists
3094 E. Shauna Drive • Highland, CA 92346.Office (909) 864 -2530 • Fax (909) 425 -2648
2652 N. Fair Oaks Ave. * Altadena, CA 91001 * Phone 626- 791 -6934 * Fax 626- 794 -2707 * Lic. No. 818532
CONTRACT SUBMITTED TO: JOB LOCATION:
SANTA ANITA LITTLE LEAGUE ATTN: GREG BURNS MP Field Back Stop
PHONE 233 -2773 FAX
CONDITIONS:
All material is guaranteed to be as specified. All work to be completed in a
workman like manner according to standard practices. Any alteration or deviation
from written specifications involving extra costs will be executed only upon written
orders, and will become an extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or delays beyond our control.
Owner to carry fire and other necessary insurance. Our workers are fully covered
by Workman's Compensation Insurance. If buyers desire a bank loan, this
contract is conditional upon the loan approval.
The undersigned buyers hereby agree to furnish the correct property lines and
to hold the seller harmless from any claims of damages which might arise from
line location or the use of adjoining property in the construction.
In the event it becomes necessary to enforce collection of any sum due
hereunder by legal action, the undersigned buyer agrees to pay all costs of
collection, including a reasonable attorney's fee.
Interest will be charged to the maximum rates set by the state on any payment
not paid within the specified remittal date.
Clerical errors subject to correction. Customs and usage of the industry shall
prevail in performance of this contract unless otherwise stated.
Footing excavation will be left beside trench unless otherwise specified.
Removal to be an additional cost to the buyer.
PLEASE NOTE that under California Mechanics' Lien Law, if full payment is not
received, JC.Western Fence Co. Inc. reserves the right to place a lien on your home,
land, or property where the work was performed, and to sue you in court to obtain
payment. All previous payments to be forfeited as rental charges.
PLEASE NOTE: We will not honor verbal commitments made or supposedly
made by our personnel. DO NOT ACCEPT this contract unless it is complete
and in writing and completely satisfactory. Payment not received with in 5 days of
terms will be subject to 1.5% monthly interest charge.
DRAWING NOT TO SCALE:
SPECIFICATIONS:
Lin Ft High, Style
Lin Ft High, Style
Raise Existing Backstop 8' $1 541 00
Contine uLusing existing back stop using 2 3/8 posts
reinforce the two corners with additional posts
Tie project together with 7/19 galvanzied cable
TOTAL ERECTED PRICE COMPLETE ---------- > $1,541.00
TERMS:
1/2 DOWN ON START, BALANCE DUE UPON COMPLETION
ADD AN ADDITIONAL 3% CHARGE IF PAID BY CREDIT CARD.
The above contract is not subject to cancellation when signed by
both parties.
DATE:
REVISED 1 -3 -2013
CONTRACT ACCEPTED BY:
X
(PLEASE SIGN ON ABOVE LINE)
SUBMITTED BY:
JC WILCOX
COMMENTS:
DOES NOT INCLUDE CITY PERMIT(S) OR FEES:
JC WESTERN FENCE CO. INC. IS NOT RESPONSIBLE FOR ANY
UNDERGROUND UTILITIES,PIPES,CABLES ETC
2652 N. Fair Oaks Ave. * Altadena, CA 91001 * Phone 626- 791 -6934 * Fax 626- 794 -2707 * Lic. No. 818532
CONTRACT SUBMITTED TO: JOB LOCATION:
SANTA ANITA LITTLE LEAGUE ATTN: GREG BURNS EXISTING BATTING CAGES
PRONE 233 -2773 FAX
CONDITIONS:
All material is guaranteed to be as specified. All work to be completed in a
workman like manner according to standard practices. Any alteration or deviation
from written specifications involving extra costs will be executed only upon written
orders, and will become an extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or delays beyond our control.
Owner to carry fire and other necessary insurance. Our workers are fully covered
by Workman's Compensation Insurance. If buyers desire a bank loan, this
contract is conditional upon the loan approval.
The undersigned buyers hereby agree to furnish the correct property lines and
to hold the seller harmless from any claims of damages which might arise from
line location or the use of adjoining property in the construction.
In the event it becomes necessary to enforce collection of any sum due
hereunder by legal action, the undersigned buyer agrees to pay all costs of
collection, including a reasonable attorney's fee.
Interest will be charged to the maximum rates set by the state on any payment
not paid within the specified remittal date.
Clerical errors subject to correction. Customs and usage of the industry shall
prevail in performance of this contract unless otherwise stated.
Footing excavation will be left beside trench unless otherwise specified.
Removal to be an additional cost to the buyer.
PLEASE NOTE that under California Mechanics' Lien Law, if full payment is not
received, JC.Western Fence Co. Inc. reserves the right to place a lien on your home,
land, or property where the work was performed, and to sue you in court to obtain
payment. All previous payments to be forfeited as rental charges.
PLEASE NOTE: We will not honor verbal commitments made or supposedly
made by our personnel. DO NOT ACCEPT this contract unless it is complete
and in writing and completely satisfactory. Payment not received with in 5 days of
terms will be subject to 1.5% monthly interest charge.
DRAWING NOT TO SCALE:
SPECIFICATIONS:
Lin Ft High, Style
Lin Ft High, Style
Remove existing chain link around batting cages $9 875 00
Replace with new 11 gua a black vinyl coated
chain link
Use black gloss to paint exisiting posts to match
TOTAL ERECTED PRICE COMPLETE ---------- > $9,875.00
TERMS:
1/2 DOWN ON START, BALANCE DUE UPON COMPLETION
ADD AN ADDITIONAL 3% CHARGE IF PAID BY CREDIT CARD.
The above contract is not subject to cancellation when signed by
both parties.
DATE:
REVISED 1 -3 -2013
CONTRACT ACCEPTED BY:
(PLEASE SIGN ON ABOVE LINE)
SUBMITTED BY:
JC WILCOX
COMMENTS:
DOES NOT INCLUDE CITY PERMIT(S) OR FEES:
JC WESTERN FENCE CO. INC. IS NOT RESPONSIBLE FOR ANY
UNDERGROUND UTILITIES, PIPES, CABLES ETC
EXHIBIT "B"
INSURANCE PROVISIONS
SANTA ANITA LITTLE LEAGUE shall, prior to any work being performed on
Property pursuant to this Right of Entry, obtain and shall require any consultant or
contractor entering Property on its behalf to obtain insurance of the type, containing the
provisions and in the amounts described below and satisfactory to CITY.
A. Commercial General Liability and Indemnity Insurance. SANTA ANITA
LITTLE LEAGUE shall maintain occurrence version commercial general liability insurance
or equivalent form with a combined single limit of not less than $1,000,000 per occurrence.
If such insurance contains a general aggregate limit, it shall apply separately to this Right
of Entry Agreement or be no less than two times the occurrence limit. Such insurance
shall:
1. Include CITY and its officials, officers, employees, agents, and
consultants as additional insureds with respect to the construction of Improvements and
Property and shall contain no special limitations on the scope of coverage or the protection
afforded to these insureds;
2. Be primary with respect to any insurance or self- insurance programs
covering CITY, its officials, officers, employees, agents and consultants; and
3. Contain standard separation of insured provisions.
B. Workers' Compensation Insurance. SANTA ANITA LITTLE LEAGUE shall
maintain workers' compensation insurance with statutory limits and employers' liability
insurance with limits of not less than $1,000,000 each accident.
C. Certificates of Insurance. SANTA ANITA LITTLE LEAGUE shall, prior to
entering Property, furnish CITY with properly executed certificates of insurance and, if
requested by CITY, certified copies of endorsements and policies, which clearly evidence
all insurance required under this Right of Entry Agreement and provide that such insurance
shall be not canceled, allowed to expire or be materially reduced in coverage, except on 30
days' prior written notice to CITY. CITY shall have the sole discretion to determine whether
the certificates and endorsements presented comply with the provisions of this Right of
Entry.
D. Coverage Maintenance. SANTA ANITA LITTLE LEAGUE shall replace
certificates, policies and endorsements for any insurance expiring prior to the termination of
this Right of Entry Agreement. Unless otherwise provided for in this Right of Entry
Agreement, SANTA ANITA LITTLE LEAGUE shall maintain such insurance from the
execution of this Right of Entry Agreement until the construction of Improvements are
complete.
E. Licensed Insurer. SANTA ANITA LITTLE LEAGUE shall place such
insurance with insurers having A.M. Best Company ratings of no less than A:VII and
licensed to do business in California, unless otherwise approved, in writing, by CITY.
I