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APPROVED BY <br />CITY <br />Dae s <br />Item #_ (4_ <br />RIGHT OF ENTRY AGREEMENT <br />BETWEEN <br />COLTON JOINT UNIFIED SCHOOL DISTRICT <br />AND CITY OF COLTON <br />ROGERS ELEMENTARY SCHOOL PROJECT <br />THIS AGREEMENT ("Agreement") is approved and entered into as of MAy 2-2-12008, <br />by and between the Colton Joint Unified School District ("District") and City of Colton <br />("City"). <br />WHEREAS, District owns certain real property located at 955 W. Laurel Street within <br />the City of Colton, County of San Bernardino, State of California, more commonly known as <br />Rogers Elementary School (the "School Property.") Attached hereto and incorporated herein as <br />Exhibit "A" is a map depicting the School Property); <br />WHEREAS, the City desires to enter upon the School Property for the purposes of, at <br />the City's sole expense, constructing a bus bay (the "Work."). Attached hereto and incorporated <br />herein as Exhibit "B" are plans and specifications for the Work; <br />WHEREAS, District desires to authorize City to enter the School Property for the <br />limited purpose of performing the activities necessary to complete the Work. <br />NOW THEREFORE, the parties hereto agree as follows: <br />Section 1. Grant of Entry. Pursuant to the terms of this Agreement, District grants <br />City, including City's agents, employees, contractors, and consultants, a non-exclusive license <br />(the "License") to enter upon the School Property at reasonable times for the limited purpose of <br />performing the Work. Prior to utilizing the License or entering upon the School Property, City <br />shall coordinate with the District, either telephonically or in writing, in order to ensure that <br />District activities are not disrupted. <br />Section 2. Term. The License shall commence on _, 2008 and shall <br />remain in effect until the completion of the Work. District may terminate this License upon <br />thirty (30) days written notice to City. <br />Section 3. Conditions of Use. <br />A. City shall be responsible for and shall pay for any repairs or replacements of any <br />character whatsoever which are occasioned or are made necessary because of the negligence or <br />misuse of the School Property by City's employees or invitees. In the event that City fails to <br />maintain or repair the School Property during the term of the License, District may, at District's <br />sole discretion, undertake any maintenance or repair of the School Property and City shall <br />005019.00012/836728v 1 <br />