HomeMy WebLinkAboutGarlic Festival Association - Right of Entry AgreementRIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement ("Agreement')- is entered into as of October 1, 2005, by
and between Garlic Festival Association ( "Owner ") and the City of Gilroy ( "City).
1. Right of Entry. Owner herby grants permission to City, and City's agents,
employees, consultants, contractors, subcontractors and material suppliers to enter upon Owner's
property. Known generally as Assessor's Parcel No. 799 -07 -076 (the "Property "), for the
purpose of maintaining, using and operating a parking lot (the "Work ").
2. Term. The term of this Agreement shall begin upon the date of execution by
Owner (the "Effective Date ") shall continue on a month by month basis, unless otherwise
mutually agreed to in writing by the parties.
3. Cooperation. Owner hereby agrees to cooperate with City and City's agents,
employees, consultants, contractors, subcontractors and material suppliers in connection with
City's entry onto the Property and performance of the Work authorized under this Agreement.
4. No Liens: Indemnity. All work performed in accordance with this Agreement
shall be completed at the sole cost and expense of City. City shall keep the Property free and
clear of all liens and other encumbrances arising out of City's entry onto the Property or
activities conducted by City pursuant to this Agreement. City shall indemnify and hold Owner
harmless from any loss, damage, claim, liability, cost, or expense caused as a result of loss of or
damage to property and injuries to or death of any person due to City's entry onto the Property
and performance of the Work authorized by this Agreement, unless such loss, damage, claim,
liability, cost or expense is due to the sole negligence or willful misconduct of Owner. Garlic
Festival Association shall be named as an additional insured with regard to parking operations on
the Property. This insurance shall be issued by the City's insurance company.
5. Notice. All written notices or other communications of the parties under this
Agreement shall be in writing and delivered in person or by first class mail, postage prepaid,
addressed to the parties as follows:
Owner: Garlic Festival Association
7480 Eigleberry Street
Gilroy, CA 95020
city: City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attention: Don Dey
-1-
Mailed notices will be deemed delivered two (2) days after mailing, provided it is mailed as
required by this Paragraph. Personally delivered notices will be deemed received upon delivery.
Each party to this Agreement may change the address. to which written notices must be sent, by
sending written notice in accordance with this Paragraph.
6. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, and all of which shall constitute one and the same agreement.
7. Entire Agreement: Governing Law, Venue. This Agreement constitutes the
entire agreement between the parties with regard to the Work and the City's entry onto the
Property to perform the Work, and supersedes all prior or contemporaneous oral agreements or
understandings. This Agreement may not be modified except in writing signed by both parties.
This Agreement shall be governed and construed in accordance with California law. Venue shall
be proper exclusively in Santa Clara County.
8. Captions. The captions of this Agreement are for convenience only, and shall not
be used in interpreting any provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
set forth below.
Dated: A—tka,-4J
Dated:
Garlic Festival Association
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