The URL can be used to link to this page

Home My WebLink AboutC-5623(A) - Right-of-Entry Agreement for Bay Avenue and Alley 215 Replacement ProjectQ rn t� Iv RIGHT -OF -ENTRY AGREEMENT WITH THE JOHNSON TRUST DATED JULY 23, 2009 FOR BAY AVENUE AND ALLEY 215 REPLACEMENT PROJECT This Right of Entry Agreement (" Agreement") is made this 11 day of 0 , 2013 ( "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 COLIN F. JOHNSON and JULEE S. THOMAS - JOHNSON, as trustees of the JOHNSON TRUST Dated July 23, 2009 ( "Grantor"), as the owners of real property located at 502 K Street, Newport Beach, California 92661, Assessor's Parcel Number 048 - 240 -48 ( "the Property "). RECITALS A. Grantee is a California municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Grantee desires to secure a right of entry in order to enter upon the Property for the purpose of constructing improvements which will join the existing property to the new proposed decorative paver in Alley 215, adjacent to the property ( "the Work "), as further depicted on Exhibit "A ", attached hereto and incorporated herein by reference. The Work will consist of removing existing concrete pavement, reconstructing decorative pavers, adjusting utilities to grades, and other items as required to complete the Work. Not all of said improvements will be constructed on the Property. C. Grantee also desires to secure permission from Grantor to allow the accommodation of construction equipment, materials and workers necessary for completion of the Work on and adjacent to the Property. D. 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 adjacent to Alley 215, as further described 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. Recitals The Recitals set forth above are true and correct and are hereby incorporated into this Agreement. 2. The Propertv Grantor is the fee owner of that property commonly known as 502 K Street, Newport Beach California, described as Lot 10, Block 28 Eastside Addition to the Balboa Tract in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 4, Page 20 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. The Work will be performed on the Property adjacent to Alley 215 as more particularly set forth in Exhibit "A" 3. 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 and to allow the accommodation of equipment, materials and workers necessary therefore. 4. Right of Entry Conditions Grantor and Grantee agree to Grantee's right of entry to the Property with the following conditions: A. 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 alley replacement as described herein. 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. C. 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. D. At the conclusion of each work day, Grantee shall ensure the cleanup and removal of debris so as to maintain the Property in as neat and clean a condition as possible, given the remaining Work to be performed. E. The right of entry does not include the right to engage in any material storage, long term parking of vehicles, trailers, or other equipment storage on the Property. F. Grantee shall indemnify Grantor against and hold Grantor 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 Grantee or by any act or omission for which Grantee is liable in the exercise of the rights herein granted. Right of Entry- 502 K Street Page 2 G. Grantor agrees and is responsible for notifying all tenants of all information regarding this Agreement for entry onto the Property. 5. Improvements Upon completion of the Work, Grantee shall convey, and Grantor shall accept, ownership of all improvements installed on the Property as part of the Work. Grantor shall be responsible, at Grantor's own expense, for any and all maintenance, repair and replacement of the improvements installed on the Property as part of the Work. 6. Tenn 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 September 30, 2014. 7. Notices Notices, requests or demands by either party shall be in writing and shall either be personally served or be sent by U.S. Mail and addressed to the following persons: To Grantee: Frank Tran, Associate Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Ph: 949 - 644 -3340 To Grantor: Colin F. Johnson and Julee S. Thomas - Johnson 502 K Street Newport Beach, CA 92661 Phone: 949- 500 -3196 Notices, requests and demands, if not personally served, shall be deemed received upon the expiration of forty -eight (48) hours after postmark or deposit in a U. S. post office or mail. 8. Attorneys Fees In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 9. Severability Right of Entry- 502 K Street Page 3 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 10. Controllinsa Law and Venue The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 11. Integrated Agreement and Modifications This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. This Agreement may not be amended or modified except by written amendment signed by both parties hereto. [SIGNATURES ON NEXT PAGE] Right of Entry- 502 K Street Page 4 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: 0 119?1119 BIN v`— Aaron C. Harp �� City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk U Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: k _,\� �,A " By: C,.�C_ _ . Dave City Manager GRANTOR: COLIN F. JOHNSON and JULEE S. THOMAS -JOHNSON, as trustees of the Johnson Trust Dated July 23, 2009 Date: 4-/- By: Colin F. J on, Trustee Ike S. [END OF SIGNAT-CJRES] MN nson, Trustee Exhibit A – Depiction of On -Site Improvements Right of Entry- 502 K Street Page 5 • i 1 State of California County of brw 1 n ) ss. On _ fr 3t Oi3 befRre me, l qA t--if-�t Notcx _4 Not Public, Pubic, person appeared Qfl � i- ,q�at b�-"d yO`E:.L' 1 �r,b�tGS)hv who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).-i57are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in bisHserftheir authorized capacity(ies), and that by J,riVhd/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 foregoing paragraph is true and correct. WITNESS my hand/ and official seal. L t 4 Signature If State of California County of of the State of California that the ACKNOWLEDGMENT Notary Public, personally appeared ss. before me, CO"81 i00 # 1967536 Notary Public - California Orange county ,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. Signature (seal) Right of Entry- 502 K Street Page 7 EXHIBIT A DEPICTION OF ON -SITE IMPROVEMENTS Right of Entry- 502 K Street Page 6 1803 i 1905 � 1907 � '949 i 1811 t 1913 1 I I 1 I 1 I I I I I 1 ILU cr 604 I 1902 I t ,fi I 502 I f 1 � r t 500 1 i �- - ---`— -- -- rrrs EAST BAI.BOA BI.VI� `'�� h 11 1821 _T � igp6 ( 1911 � C22001 2006' i i 1 1 I Right of Entry- 502 K Street Page 6