2016-03-08 RIGHT OF ENTRY - GILBERT.PDF

Project Name: PUBLIC SAFETY COMMUNICATIONS TOWER — OCOTILLO SITE
MARICOPA COUNTY RIGHT OF ENTRY
The undersigned Town of Gilbert is the owner ("Owner") of the property (the
"Property") described as follows:
Assessor Parcel Number: 304-70-007C — North of the Northwest Corner of Higley
Road and Ocotillo Road, Gilbert, Arizona
A. Consent. The Owner does hereby grant permission to Maricopa County,
Arizona, a political subdivision of the State of Arizona and its agents, employees,
consultants and representatives (herein individually and collectively referred to as "the
County"), for a period of one (1) year from the date of this consent, to enter onto the
Property and contiguous property owned or controlled by the Owner for the purpose of
performing an inspection of the Property, including surveys, a structural strength
analysis, subsurface boring tests, an environmental site assessment, and any other
activities as the County may deem necessary (collectively, the "Inspections"), at the sole
cost of the County. In addition, the County may remove samples of the soil from the
Property. The Owner shall not be responsible for the actions of the County's employees
or contractors while they are on the Property. The County shall notify Owner five (5)
working days in advance of all Inspections to be performed on the Property. Such notice
shall identify the location and a description of the work to be performed, and shall not
proceed with such work until the County receives approval to commence such work by
Owner; which approval shall not be unreasonably withheld, conditioned, or delayed, and
in the absence of unforeseen circumstances, shall be given within five (5) working days.
For purposes of notice and approval under this agreement, the following contacts shall be
used:
OWNER:
Name: Rob Giles
Title: Parks and Recreation Manager
Address: 90 E. Civic Center Dr., Gilbert, AZ 85296
Phone: (480) 503-6284
E-mail: Rob.Giles@gilbertaz.gov
Fax:
MARICOPA COUNTY:
Name: Tom Crosby
Title: Director, Wireless Communications Services
Address: 3324 West Gibson Lane, Phoenix, AZ 85009
Phone: (602) 506-5264
E-mail: tomcrosby@mail.maricopa.gov
Fax: (602) 506-4753
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(Site: Public Communications Tower — Ocotillo Site)
After completion of the Inspections, the County shall restore all areas of the
Property affected by the Inspections to the reasonable condition that existed immediately
before the County commenced its Inspections.
B. Documentation. The County shall provide Owner with all final reports
produced as a result of the Inspections.
C. Indemnification. The County agrees to indemnify, hold harmless, and
defend the Owner as to all liability arising from the County's Inspections on the Property;
notwithstanding the foregoing, in no event shall the County be required to indemnify
Owner for claims or liability arising from Owner's negligence or willful misconduct.
D. Authority. The individual executing this consent on behalf of the Owner
represents to the County that such individual is authorized to do so by requisite action of
the Owner.
OWNER:
Town of Gilbert
Title: 'TOL\ tkM1'1-41-DCa-
Date:
MARICOPA COUNTY
Maricopa County
By:
Name:
Title:
Date:
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