Fillable INSTALLATION AND MAINTENANCE AGREEMENT (City of Long Beach California)

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INSTALLATION AND MAINTENANCE AGREEMENT (City of Long Beach California)

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INSTALLATION AND MAINTENANCE AGREEMENT
FOR
AT , LONG BEACH, CA
The CITY OF LONG BEACH (“City”), acting through the Department of Public Works, grants
permission to:
(“Permittee”)
(legal name)
to install and maintain:
(“the permitted installation”) within public right-of-way property as shown on the attached Exhibit
A, incorporated herein by this reference.
1. Neither Permittee nor the permitted installation shall hinder, impede, or deter public use of the
public right of way. Permittee will, on City’s written request, promptly remove or modify any
improvements which interfere with the use of the public right of way.
2. This Agreement shall commence on _______________ and shall continue month to month until
terminated by either party giving written notice to the other party thirty (30) days prior to such
termination.
3. Permittee shall apply for and obtain any and all required permits, entitlements, and/or
environmental approvals prior to the effectiveness of this permit.
4. Permittee shall, and its sole cost and expense, maintain the permitted installation in good condition
to the satisfaction of the Director of Public Works. The City makes no warranties or
representations of any kind regarding the suitability of this public right-of-way location for the
proposed installation.
5. Should the Director of Public Works determine, in his/her exclusive and unfettered discretion, that
Permittee is not maintaining the permitted installation in good condition as set forth in
Paragraph 4 of this Agreement, or that some part of the permitted installation hinders, impedes,
or otherwise deters free movement in the public right-of-way, City may conduct any required
maintenance or repair as necessary to bring the area back into satisfactory condition and/or
may remove any such impediment and charge any expense incurred, including labor and
material, to the Permittee, provided that the City gives Permittee notice of the condition and a
reasonable opportunity to cure.
DEPARTMENT OF PUBLIC WORKS
411 W Ocean Blvd.
Long Beach CA 90802
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6. Permittee may, only with the prior written approval of the Director of the Department of Public
Works, or his designee, and at Permittee’s sole cost and expense, modify or make further
improvements to the permitted installation shown in Exhibit A. Permittee will be responsible for
obtaining any and all other necessary permits or entitlements. When this Agreement terminates,
the City may require Permittee to remove the permitted installation and restore the public right of
way to its previous condition in good repair.
7. Permittee shall, with respect to the permission granted in connection with the permitted
installation, indemnify and hold harmless the City, its Boards, Commissions, and their officials,
employees and agents (collectively in this section, “City”) from and against any and all liability,
claims, demands, damage, loss, causes of action, proceedings, penalties, costs and expenses
(including attorney’s fees, court costs, and expert and witness fees) (collectively “Claims” or
individually “Claim”). Claims include allegations and include by way of example but are not limited
to: Claims for property damage, personal injury or death arising in whole or in part from any
negligent act or omission of Permittee, its officers, employees, agents, sub-consultants, or anyone
under Permittee’s control (collectively “Indemnitor”). Independent of the duty to indemnify and as
a freestanding duty on the part of Permittee, Permittee shall defend City and shall continue such
defense until the Claim is resolved, whether by settlement, judgment or otherwise. No finding or
judgment of negligence, fault, breach, or the like on the part of Indemnitor shall be required for the
duty to defend to arise. Permittee shall notify the City of any Claim within ten (10) days. Likewise,
City shall notify Permittee of any claim, shall tender the defense of such Claim to Permittee, and
shall assist Permittee as may be reasonably requested, in such defense.
8. City shall not be responsible or liable in any way for Permittee’s permitted installation or for
Permittee’s loss by theft, fire, flood, burglary, vandalism, or any other cause whatsoever.
9. No hazardous or toxic material will be brought into the public right-of-way in association with the
installation of the permitted installation.
10. Should City revoke or terminate this Agreement as a result of future development or roadway
improvements by the City, or for any other reason whatsoever, Permittee shall not be entitled to
any relocation benefits or other compensation from the City due to such revocation or termination.
11. Permittee acknowledges that, by this Agreement, they do not acquire any right, title or interest of
any kind in the property on which the permitted installation is installed. This Agreement is personal
to Permittee and they shall not assign this Agreement without the express written consent of the
Director, which shall not be unreasonably withheld or delayed.
12. City may revoke this Agreement for any reason by giving thirty (30) days’ notice to Permittee.
Upon revocation, Permittee shall remove all permitted installations constructed or placed by
Permittee or any previous party to this Agreement at no cost to City and in accordance with all
applicable laws.
13. Permittee, during the term of this Agreement, shall comply with all applicable laws, ordinances,
rules and regulations of and obtain permits from all federal, state and local governmental
authorities having jurisdiction over the permit area and Permittee’s use thereof.
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14. Any notice under this permit shall be in writing and personally delivered, deposited in the U.S.
Postal Service, first class, postage prepaid, or electronically delivered to Permittee at
Mailing address: _________________________________________________________________
Email address: ________________________________@________________________________
and to City at 411 West Ocean Boulevard, Long Beach, California 90802, Attn: Director of Public
Works. Notice shall be deemed given on the date of personal delivery, electronic delivery or on
the date of deposit in the mail, whichever first occurs.
15. This Agreement shall never be construed as a grant by the City of any right to permanently use or
occupy all or any portion of the public right-of-way nor shall it ever be construed as a waiver on
the part of the City, or as an estoppel against it, which would in any manner whatsoever bar or
limit, or otherwise prejudice, City’s right to at any time whatsoever require a discontinuance of the
use or occupancy of all or any part of the public right-of-way, the removal therefrom of all or any
obstructions erected or maintained under this Agreement and as the restoration of such public
right-of-way to a clean condition, all at the sole cost and expense of the Permittee.
16. If case suit shall be brought for the recovery of possession of all or any portion of the public right-
of-way, the removal of any permitted installations or any impediments to the public right-of-way,
or the breach of any covenant, promise, or agreement made by Permittee pursuant to the
Agreement, Permittee shall pay to the City reasonable costs including attorney’s fees which shall
be fixed by the court.
17. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs,
executors, assigns and successors in interest of the parties hereto.
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PERMITTEE and CITY have executed this Agreement as of the dates shown below.
PERMITTEE:
DATE: _____________________/20___
By:
Business/Restaurant name
Print name: _____________________________
Sign: _____________________________
Print
name: _____________________________
Sign: ____________________________________
CITY OF LONG BEACH, a municipal corporation
DATE: /20___
By: _________________________________ _
_______________________________________,
Director of Public Works
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INSTALLATION AND MAINTENANCE AGREEMENT (City of Long Beach California)

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Completed 3 August 2020

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