HomeMy WebLinkAboutC-5623(D) - Right-of-Entry Agreement for Bay Avenue and Alley 215 Replacement Projectu
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RIGHT -OF -ENTRY AGREEMENT WITH
THE LUNDY FAMILY TRUST DATED MAY 8, 1998 FOR
BAY AVENUE AND ALLEY 215 REPLACEMENT PROJECT
���, This Right of Entry Agreement ( "Agreement') is made this r� day of
� �, 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
ROBERT W. LUNDY and RANDI LEE LUNDY, as Trustees of the LUNDY FAMILY
TRUST dated May 8, 1998 ( "Grantor"), as the owner of real property located at 504 K
Street, Newport Beach, California 92661, Assessor's Parcel Number 048- 240 -47 ( "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 "), and 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:
Recitals
The Recitals set forth above are true and correct and are hereby incorporated
into this Agreement.
2. The Property
Grantor is the fee owner of that property commonly known as 504 K Street,
Newport Beach, California, described as Lot 9, Block 28 of 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
Right of Entry- 504 K Street Page 2
Grantee or by any act or omission for which Grantee is liable in the
exercise of the rights herein granted.
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. 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 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: Robert W. Lundy and Randi Lee Lundy
504 K Street
Newport Beach, CA 92661
Phone: 310- 551 -8180
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.
Right of Entry- 504 K Street Page 3
9. Severability
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. Controlling 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- 504 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 ATT RNEY'S OFFICE
Date: � �iI r
in
Aaron C. Harp
City Attorney
ATTEST:
Date: %•
By: ' Nlv�
Leilani I. Brown
City Clerk
scI fiORr
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: lol.��jZ
By:
Dave Ki
City Manager
GRANTOR: ROBERT W. LUNDY and
RANDI LEE LUNDY, as Trustees of the
Lundy Fa ily Trust dated May 8, 1998
Date: , ';L r, )- C)/ ?
V.
bert W. Lundy, T
[END OF SIGNATURES]
Attachments: Exhibit A — Depiction of On -Site Improvements
Right of Entry- 504 K Street Page 5
ACKNOWLEDGMENT
State of California
County of
On
anv a
—� ss.
before me, ���1C>r//'JUGt��7Y rJCC'f'I
,who proved to me on the bsis of satisfactory evidence to the person(s) whose
name(s) 4s/are subscribed to the within instrument and acknowledged to me that
��/they executed the same in �/their authorized capacity(ies), and that by
hfs/-he 4their 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 h an official seal. AWN JAF
Commission * 20/0496
Notary Public - CslNofnie
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Los Angeles
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Sign AbAe (seal)
ACKNOWLEDGMENT
State of California
County of }ss.
On
Notary Public, personally appeared
before me,
,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)
Right of Entry- 504 K Street Page 7
EXHIBIT A
DEPICTION OF ON -SITE IMPROVEMENTS
Right of Entry- 504 K Street Page 6
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Right of Entry- 504 K Street Page 6
ACKNOWLEDGMENT
State of California
County of _ _} ss.
On 2ZV'fh- j before me,
,who proved to me on the b4sis of satisfactory evidence to txe the person(s) whose
name(s) 4slare subscribed to the within instrument and acknowledged to me that
4e4he /they executed the same in hW44er /their authorized capacity(ies), and that by
I;Whefteir 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.
(seal)
ACKNOWLEDGMENT
State of California
County of } ss.
On 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)
Right of 504 '.•^