HomeMy WebLinkAboutSanta Clara Valley Water District 4110 ENACTED COPY
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AGMFAlt Y FILE /VA
LICENSE AGREEMENT
This License Agreement is entered into by and between the Town of Los Altos Hills, a municipal
corporation of the State of California (hereinafter "TOWN") and Santa Clara Valley Water
District, an independent special District(hereinafter"DISTRICT"). TOWN and DISTRICT may be
referred to individually as "Party" or collectively as "Parties".
The Parties hereby agree as follows:
1.0 License
Subject to the terms and conditions set out in this License Agreement, TOWN hereby grants the
DISTRICT a right to construct, install, maintain, repair, replace and operate a rain gage on the
property(coordinates 37°21'56.9"N, 122°09'33.0"W) as more particularly shown on Exhibit A,
which is attached hereto and incorporated herein by this reference ("Licensed Area"). As used
herein, DISTRICT includes, without limitation, their officers, employees and agents, as well as
their contractors and subcontractors' officers, employees and agents.
2.0 Project Conditions
2.1 DISTRICT shall be responsible for providing the TOWN with a letter of self insurance
that certifies the DISTRICT is self-insured for general and automobile liability insurance for the
first$2,000,000 per occurrence and self insured for the first$1,000,000 per claim for workers'
compensation insurance.
2.2 DISTRICT shall obtain Town's approval prior to trimming vegetation within the
immediate area of the installed rain gauge so that such vegetation does not interfere with the
rain gage's normal operation.
3.0 Surrender of Premises
Upon expiration or sooner, termination of this License Agreement, DISTRICT shall remove the
rain gauge from the Licensed Area within 30 days and restore the Licensed Area to the same
condition as when DISTRICT first entered the Licensed Area.
4.0 Notice
Whenever any Party hereto desires or is required to give any notice, demand, or request with
respect to this License Agreement, each such communication shall be in writing and shall be
deemed to have been validly served, given or delivered if deposited in the United States mail,
registered or certified and return receipt requested, with proper postage prepaid, or if delivered
by Federal Express or other private messenger, courier or other delivery service or if sent by
email with the sender's receipt of an acknowledgement from the intended recipient(such as by
the "return receipt requested"function, as available, return e-mail or other written
acknowledgement). Notices shall be addressed to the applicable Party as follows:
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1.10
TOWN OF LOS ALTOS HILLS: Tina Tseng
26379 Fremont Road
Los Altos Hill, CA 94022
(650)947-2511
ttseng@losaltoshills.ca.gov
DISTRICT: Santa Clara Valley Water District
ATTN: Ken Stumpf
5750 Almaden Expressway
San Jose, CA 95118
(408) 265-2600
5.0 Indemnification and Release of Liability
5.1 DISTRICT agrees to indemnify, hold harmless, defend and protect the TOWN, its
officers, directors, agents and employees from any and all claims, losses, damages, demands,
liabilities, suits, costs, expenses, (including reasonable attorney's fees), penalties,judgments or
obligations whatsoever in connection with any injury, death, or damage to any person or
property or pecuniary, or monetary loss that results from the DISTRICT's activities in the
Licensed Area, except to the extent those Claims arise out of the negligence or willful
misconduct of the TOWN, its officers, directors, agents and employees.
5.2 DISTRICT hereby waives all claims and recourse against TOWN, including the right of
contribution for loss or damage to property, and release TOWN from any liability that results
from the DISTRICT's activities in the Licensed Area, except to the extent such claims arise out
of the negligence or willful misconduct of the TOWN, its officers, directors, agents and
employees.
5.3 If DISTRICT causes damage on to the Licensed Area while performing under this
License Agreement, DISTRICT shall repair damage to the condition existing prior to the
occurrence of that damage.
6.0 Amendment
This License Agreement may be amended or modified only in writing signed by both the TOWN
and DISTRICT.
7.0 Term and Termination.
The term of this License Agreement shall commence upon execution by the Parties and shall
not expire until terminated by either the TOWN or DISTRICT by providing at least ninety (30)
days prior written notice.
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This License Agreement has been read and understood and is hereby agreed to and accepted.
SANTA CLARA VALLEY WATER DISTRICT
Date: /41/2M
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Water Districto
October 18, 2016
Tina Tseng
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Subject: Agreement A4026X between the Santa Clara Valley Water District and the Town
of Los Altos Hills
Dear Ms. Tseng,
Enclosed is an enacted copy of Agreement A4026X which was executed by the Santa Clara
Valley Water District on October 7, 2016. Please retain the enclosed copy for your records and
reference any future correspondence related to this contract with Agreement A4026X.
If you have any questions regarding this Agreement, please contact Project Manager Jack Xu at
(408)630-2913 or JXu va a ater.or .
Sincer ly,
. lcoderick •• �,Ti 0
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Supervisi . ; ogr. Administrator
Consultan on -cts Services
Enc.: Agreement A4026X
CC: Guy Canha, Jack Xu
Our mission is to provide Silicon Volley safe,clean water for a healthy life,environment,and economy.
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