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
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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
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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
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