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HomeMy WebLinkAboutC-6247 - Right-of-Entry Agreement for 801 Dover DrivePLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II II II II II III II II�III II II II II II NO FEE *$ R 0 0 0 7 8 1 8 2 8 7$ 2015000466793 8:26 am 09110115 AND WHEN RECORDED MAIL TO; 47 411 Al2 6 ikwfof i iZ CneI ,. 0.00 0.00 0.00 0.00 15.00 0.00 0.00 0.00 1 ? deet New�o�t beacAi, CA q? -656 TITLE OF DOCUMENT: ABY��rt01iY1C �►SNb J _.y�, f � b 0 00\ff� CZ l THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION [Aaa:3:,.. 1 ;^- ..,..t:.4..1 RIGHT -OF -ENTRY AGREEMENT WITH THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS FOR 801 DOVER DRIVE This Right of Entry Agreement ("Agreement") is made this 30th day of April, 2015 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city, its officers, employees, agents, invitees, contractors and subcontractors (collectively referred to as "Grantee") and CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation ("Grantor"), the fee owner of real property commonly known as 801 Dover Drive, Newport Beach, California 92663, Assessor's Parcel Number 117-631-12 ("the Property"). RECITALS A. Grantee desires to secure a right of entry in order to enter upon the Property for the purpose of improving the City's right-of-way adjacent to the Property and reconstructing portions of the existing driveway and raised brick planter area on and adjacent to the Property ("the Work"), as depicted in Exhibit "A". B. Grantor and Grantee mutually agree that Grantee may enter upon, pass and re- pass on, over, under and across that portion of land referred to as the Property, as further depicted in Exhibit "A", for the purpose of constructing the Work under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Right of Entry Grantor hereby grants to Grantee, and Grantee accepts, a non-exclusive temporary right of entry on, over, under and across the Property for the purpose of constructing, installing, repairing and replacing the Work as more particularly set forth in Exhibit "A" and to allow the accommodation of equipment, materials and workers necessary therefor. A. Grantor agrees Grantee has the right to enter the Property from 7:00 a.m. to 5:00 p.m., Monday through Friday, for the purpose of constructing the Work. B. Grantee shall advise Grantor of the date of commencement of the Work not less than seventy-two (72) hours prior to actual commencement of the Work. Prior to commencement of the Work, Grantee shall provide Grantor with the names and telephone numbers of each contractor or subcontractor who will be performing Work on the Property. C. Grantor agrees and is responsible for notifying all tenants of all information regarding this Agreement for entry onto the Property. 2. Improvements Upon completion of the Work, Grantor shall accept ownership of any improvements installed on the Property as part of the Work. Grantor shall thereafter be responsible, at Grantor's own expense, for any and all maintenance, repair and replacement of the improvements installed on the Property. 3. Term and Termination This Agreement shall commence when executed by the parties and shall terminate upon completion of the Work. In any event, this Agreement shall terminate no later than August 31, 2016. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATL SNE f'SS OFFICE Date: By: Aaron C. Harp (AM oshsll�- City Attorney ATTEST - r"% ��. ) >. %5 CITY OF NEWPORT BEACH, a California municipal corporation Date: 'ZI 101 'moo , By: Dave iff City Manager GRANTOR: CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY &AINTS, a Utah corporation 1 r� DaKgq 'ly-i­r. C /tf a y TP QS�G By:By:_ r A. A Leilani I. Brown 9C4RPORATION bF City Clerk •Efi�HOP OF THE CI- '"" CHRIST OF LATTER Attachments: Exhibit A — Depiction of Work and Property 'HE PRESIDING RCH OF JESUS AY SAINTS ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Galifornia County of -&--,AA- } ss. On -:37 ! 1, --1 i 20 I before me, Notary Public,' personally appeared `1�0✓ cE�1,1 , proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNF#SS my hand and official seal. .t P — Signature D. TODD EVANS �m �r�'• NOTARY PUBLIC - STATE OF UTAH a;a3 My Comm. Exp. 09/06/2016 `4= :• Commission # 657751 (seal) EXHIBIT A DEPICTION OF WORK AND PROPERTY < m z X LO Q W CN CD .f0 I 3S.If'7 (s,/V � 3�1 a � *.0 fVL i F a 1-'y 8' 1— Q Ln Xt-O 0 CO IT LL��- o- ¢I -� 0 LO �7.��y� L3 ate. G' +zz t4. G�k^tf4 t t I x, Joe I ? w Or O COPE C� 4 �r W n 195 >z L o } <C Ad �p co>�, rr i o u i z