HomeMy WebLinkAboutC-7388-1 - Right-of-Entry Agreement for 3309 and 3311 Seashore Drive490
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c1 RIGHT -OF -ENTRY AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
V BARBARA KALAJIAN
FOR 3309 AND 3311 SEASHORE DRIVE
This Right of Entry Agreement ("Agreement") is made this 5th day of April, 2018
("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 "City") and Barbara Kalajian ("Owner"), the fee
owner of real property commonly known as 3309 and 3311 Seashore Drive, Newport
Beach, California 92663, Assessor's Parcel Number 423-342-02 ("Property"). City and
Owner are at times individually referred to as "Party" and collectively referred to as
"Parties."
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A. City desires to secure a right of entry to enter upon the Property for the purpose of
improving the City's right-of-way adjacent to the Property and constructing a
sidewalk adjacent to the Property ("Work"), as depicted in Exhibit "A."
B. Owner desires to grant to City a non-exclusive temporary right of entry on, over,
under and across 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.
C. Owner agrees to make the required modifications to her Property to allow the Work
to be completed, entirely at her own cost and liability, with whatever contractor she
desires.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. Right of Entry
Owner hereby grants to City, and City 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. Owner agrees the City 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. The City shall advise Owner 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, the City shall provide Owner
with the names and telephone numbers of each contractor or subcontractor
who will be performing Work on the Property.
C. Owner agrees and is responsible for notifying all of Owner's tenants of all
information regarding this Agreement for entry onto the Property.
2. Coordination of Work
City understands that Owner desires to perform work on her Property
simultaneously with the City's completion of the Work. The Parties agree to coordinate
with each other in good faith to allow for each Parties' projects to be completed. Each
Party shall bear the costs for the improvements performed on their respective property.
3. Indemnification
The Parties shall indemnify each other and hold each other harmless from any loss
of or damage to any property, or injury, or death of any person whomsoever, proximately
caused in whole or in part by negligence of the indemnifying Party or by any act or
omission for which the other Party is liable in the exercise of the right -of -entry.
4. 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
July 31, 2018.
5. Counterparts
This agreement may be executed in any number of counterparts, each of which
when executed and delivered shall constitute a duplicate original, but all counterparts
together shall constitute a single agreement.
6. No Attorneys' Fees
In the event of any dispute or legal action arising under this Agreement the
prevailing Party shall not be entitled to attorneys' fees.
[SIGNATURES ON NEXT PAGE]
Right of Entry — 3309 and 3311 Seashore Page 2
Drive
IN WITNESS WHEREOF, the Parties have caused this.Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: `1/S lg
By:
aron C. Harp
City Attorney
ATTEST:
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la
dhi4ky'
Leilani I. Brown
City Clerk ,FWPOp�
Attachments: Exhibit A -
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Dave ff���
City Manager
OWNER:
By: L
"'J
Barbara Kalajian
Owner of the Property Located at 3309
and 3311 Seashore Drive
Depiction of Work and Property
Right of Entry - 3309 and 3311 Seashore Page 3
Drive
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: YZW13?
By: e-
aron C. Harp
City Attorney
ATTEST:
Date:
n
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: �fluljX
By:
Dave
City Manager
OWNER:
Date:
By:
Barbara Kalajian
Owner of the Property Located at 3309
and 3311 Seashore Drive
Attachments: Exhibit A - Depiction of Work and Property
Right of Entry - 3309 and 3311 Seashore
Drive
Page 3
EXHIBIT A
DEPICTION OF WORK AND PROPERTY
3309 SEASHORE DRIVE
® CITY WORK AREA
® TEMPORARY ACCESS AREA
Right of Entry — 3309 and 3311 Seashore
Drive Page 4
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 California
County of ) ss.
On 20 before me,
Notary Public, personally appeared ,
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
Right of Entry — 3309 and 3311 Seashore
Drive
(seal)
Page 5