HomeMy WebLinkAboutContract 1793RIGHT OF ENTRY LICENSE AGREEMENT
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
RICHARD S. COMRAS
This Right of Entry License Agreement ("Agreement") is made and entered into as of
- N2018 ("Effective Date") by and between the City of Cathedral City, a
municipal corporation ("Licensee") and Richard S. Comras ("Licensor").
RECITALS
A. The Licensor is the owner of the real property located at 68571 East Palm
Canyon Drive, Cathedral City, California (the "Property").
B. Licensee wishes to obtain permission from Licensor to enter upon the
Property for the purposes of installing a mural depicting local athletes Cub Swanson
and Tim Bradley (the "Mural") upon the northwest facing wall of the Property.
C. The Mural will be installed by Rick Rodriguez (the "Artist") and the design
of the Mural to be installed has been approved by the Licensor.
D. The installation of the Mural on the Property will provide a benefit to the
public by aesthetically enhancing a building along a major thoroughfare through the
City.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained here and other consideration, the value and adequacy of
which are hereby acknowledged, the Parties agree as follows:
Grant of Right of Entry. The Licensor hereby grants the Licensee, its employees,
consultants, agents and designees, including the Artist, permission to enter upon the
Property for the purpose of installing, maintaining and repairing the Mural (the "Work").
Licensee shall direct and control all activities pertaining to the Work and shall not
impose, at any time, any charge or exaction against Licensor.
11. Installation, Maintenance and Repair. Licensee shall cause Artist to install the
Mural on the Property at Licensee's sole cost and expense. Licensee shall be
responsible for all maintenance and repair of the Mural after installation. However,
Licensor agrees not to damage, deface or destory the Mural except in the event that
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Licensor intends to demolish or remodel the Property. Any damage, defacement or
destruction caused by Licensor shall be repaired by Licensee, but Licensor agrees to
reimburse Licensee for all costs of the repair work. The Parties acknowledge and agree
that, pursuant to Civil Code Section 987(h)(1), the Mural cannot be removed from the
Property without substantial physical defacement, mutilation, alteration, or destruction,
and that the rights and duties created under Section 987 of the California Civil Code are
expressly waived by all parties, and in such event, Licensor and his successors, and
assigns are relieved of the obligation to provide the Artist with notice of the proposed
physical defacement, mutilation, alteration, or destruction of the Mural.
III. 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.
IV. Permits. Licensee shall obtain all necessary permits from appropriate agencies
at Licensee's sole expense.
V. Termination. This Agreement shall have an initial term of two (2) years from the
Effective Date, unless earlier terminated or extended by the parties in writing. Licensor
may not terminate this Agreement without cause. Licensor may terminate this
Agreement if he intends to demolish or remodel the Property. If either party is in breach
of this Agreement, the other party may give notice of such breach to the other part and
demand the breach be cured. If the breach is not cured within thirty (30) days of the
date of the notice, the party giving notice may terminate this Agreement for cause
effective immediately. Upon termination of this Agreement, whether for cause or not,
Licensee shall not be required to remove the Mural or any portion of it from the
Property.
VI. Date and Time of Entry. Licensee shall arrange a date and time of entry with
the Licensor at least five (5) business days in advance of the entry. The Licensee shall
provide in detail the names of the persons who will be coming into the Property, the
nature of the work to be done, and how long it is expected to take. The arrangement
shall be made through contact with Jaime A Jimenez. Licensor may propose
reasonable measures to mitigate any damage or disruption that may be caused by the
entry or work, and Licensee shall not unreasonably refuse to comply with such
measures.
VII. Indemnification. Licensee agrees to indemnify, defend and hold harmless the
Licensor and Licensor's successors and assigns from all claims, demands, suits,
judgments, expenses, and costs on account of injury or death of person or loss of or
damage to, Property arising out of or related to the performance of Work.
VIII. Attorney Fees. If any legal action or proceeding arising out of or relating to
this Agreement is brought by either party to this Agreement, the prevailing party shall be
entitled to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorney's fees, costs, and expenses incurred in the action or
proceeding by the prevailing party.
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IX. Notices. All notices required or permitted to be given under this Agreement
shall be in writing and shall be personally delivered, or sent by telecopier or certified
mail, postage prepaid and return receipt requested, addressed as follows:
To City:
To Owner:
With a copy to:
City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Fax:
Richard S. Comras
PO Box 1826
Rancho Mirage, CA 92270
Fax: (760) 328-3058
Schwartz & Fenster Professional Corporation
Attn: Mr. Stephen M. Fenster, Esq.
21700 Oxnard Street, Suite 1160
Woodland Hills, CA 91367
Fax: (818) 346-7308
sfenster@schwartz-ferister.com
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
X. Entire Agreement. This Agreement constitutes the entire Agreement between
the Licensee and the Licensor, and no alteration, amendment or any part thereof shall
be effective unless in writing signed by the parties sought to be charged or bound
thereby.
XI. Authorization. Each individual signing this Right of Entry Agreement on
behalf of an entity or others warrants that he or she has authority to do so and that the
Right of Entry will be valid and binding on the entity to other person for whom the
individual has signed.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first -above written.
CITY OF CATHEDRAL CITY
Charles P. McClendon
City Manager
LICENSOR
ichard S. Comr
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