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Home My WebLink About2013 CON Cox Communications - Facilities Agreement Arts Center_ _COX FACILITIES AGREEMENT "Cox") and authorized agent o 91950 ("Property"), and Owner and Cox desire to enter into this Agreement for Cox to provide its telecommunications services to the Property under the terms and conditions herein. This STANDARD COMMUNICATIONS AGREEMENT made this ' day of , 2013, HP) between Cox C.om .munictions C lifornia, LLC, Gated at 5159 Federal Blvd, San Diego, CA 92105 (hereinafter c4/ /! (hereinafter "Owner"). Owner holds title to, or is the itle holder of, certain re roperty located at 148 E 12TH STREET, NATIONAL CITY, CA 1. Grant: Owner hereby grants to Cox permission to install and maintain its telecommunications facilities ("Facilities") including but not limited to, equipment, electronics, cabling and wiring ("Facilities") on the Property to provide voice, video, and data communications services to Owner's tenants and/or other persons occupying the Property ("Tenants"). Owner further grants to Cox the non-exclusive right to enter the Property including all common areas and facilities to install, connect, disconnect, transfer, service, remove or repair the Facilities during normal business hours except in case of emergency in which event Cox shall have the right to enter the Property outside of normal business hours. 2. Cox Agrees: To furnish all labor and materials necessary to construct in a good and workmanlike manner its communications facilities to make the Services available to persons renting, leasing, or purchasing commercial space or units in the Property. All said materials and facilities installed and used by the Cox delivery of the Services and provision of the Service shall remain the property of Cox. 3. Cox Agrees; Insurance: Cox shall maintain (a) comprehensive general liability insurance with a policy limit of at least $2,000,000 to protect Owner against bodily injury or property damage resulting from the installation, operation or maintenance of the Distribution System on the Premises and (b) Workers' Compensation insurance in statutory amounts. Owner shall be an "additional insured" under such general liability insurance coverage. Upon written request by Owner, Cox shall provide a certificate of insurance for the foregoing policies. All policies written pursuant to this Section 8 shall be with insurers (i) licensed to do business in the state in which the Premises are located and (ii) carrying an A.M. Best rating of at least A-VIII. All policies, including any renewals thereof, shall specify that such policy cannot be canceled without at least thirty (30) days written notice to the other party 4. Owner Agrees: Owner agrees that, except as excluded by applicable law, the facilities installed by Cox are and shall remain the sole and exclusive property of Cox and shall not become fixtures of the Property. Owner agrees that this Agreement and Cox's rights granted herein shall be binding upon Owner's successors and assigns and that Owner shall notify any successor Property owner of Cox's rights under this Agreement 5. Term Of Agreement: This Agreement shall commence on,fk°'s/011oi3, and shall remain in effect for a period of five (5) years. At the end of the original term, or any successive term, this Agreement will automatically renew for successive terms of one (1) year each unless either party gives written notice of its intent not to renew to the other party at least ninety (90) days prior to the expiration of the previous term (the "Term"). COX: By: Name: Larry Coval Title: Date: Vice re ident �2D/3 OWNER: By: •==•gsm:t-4 Name: 'l_l.'p Ma Title: L i�a ' Derese Date: at hobs 13 Property Information To help to better serve the customers at this property, we will need to request that you take a moment to complete the information requested below. We will enter all information into our database, to assist those members of our Customer Service and Service/Installation teams who will be serving both you and your tenants in the future. Property Owner Contact`:/ /� �,_� /� Name: �1 �r/l�aAfile Address 1210 1X0l?al tee,' ,/f/�'� ind� , `ir 9/9v5-0 Contact Phone: ,€ca-1' (,19 -33t, -H21-41 Contact Fax: (.! /9 - 33 (o — 4/231 Contact E-Mail: ✓• / Cnalt 17z&a. ry Building / Property Contact: ((// This information should be provided if there is a management contact person at the property site with access to key to telecom room. Name: JOwaft We�lt/t Contact Phone: 111' 217— 0.7797 )t 2003 Please provide a 24 hour access phone number. Contact Fax: Contact E-Mail: j ey ette etreasarthsurvifre. 04i Property Manager Contact (if different from above) Name: Address Contact Phone: Contact Fax: Contact E-Mail: Property Information Please attach a current list of Tenants current as of: Building Square Footage Total: Number of floors: A0005B (1/95) • ADDENDUM TO COX FACILITIES AGREEMENT BETWEEN COX AND THE CITY OF NATIONAL CITY This Addendum to the Cox Facilities Agreement constitutes part of the Cox Facilities Agreement (the "Agreement") between Cox Communications California, LLC ("Cox") and the City of National City ("Owner"). The terms of this Addendum are incorporated into the Agreement for all purposes and references to the Agreement shall refer to the Agreement as modified by this Addendum. Unless modified by this Addendum, each term of the Agreement is unamended and in full force. Cox and the Owner mutually agree as follows: 1. Cox Agrees; Indemnification and Hold Harmless: Cox agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable and actually incurred attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of (a) Cox's negligence in the installation or removal of the Facilities, or (b) Cox's breach of the Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, .and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 2. Cox Agrees; Workers' Compensation: Cox shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the City of National City and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable and actually incurred attorney's fees and defense costs presented, brought or recovered against the City of National City or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may arise out of any work to be perfoinied by Cox under this Agreement. 2562451-k2 12275.0001000 Cox and the Owner have caused this ADDENDUM TO COX FACILITIES AGREEMENT to be signed on 6,110113 COX OWNER BY: BY: r 4 Signature Lp/'q Cries/ sl to Deese Typc or Print Name Type or Print Name TITLE: /i e— G5/C/z i/ TITLE: CAN 2562451-12 12275.0001000 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk COX COMMUNICATIONS Installation & Maintenance of Telecommunications Facilities in the A Reason to Survive (ARTS) Building Jessica Cissel (Community Services) Forwarded Copy of Agreement & Addendum to Cox Communications