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HomeMy WebLinkAboutC-6014 - Right-Of-Entry Agreement for 1599 Pacentia AvenueRIGHT -OF -ENTRY AGREEMENT WITH GLYNN VAN DE WALKER FOR 1599 PLACENTIA AVENUE This Right of Entry Agreement ( "Agreement ") is made this 7th day of January, 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 GLYNN VAN DE WALKER ( "Grantor "), the fee owner of real property commonly known as 1599 Placentia Avenue, Newport Beach, California 92663, Assessor's Parcel Number 424- 141-07 ( "the Property "). RECITALS A. Grantee desires to secure a right of entry in order to enter upon the Property for the purpose of removing private improvements installed in the City's right -of -way adjacent to the Property and reconstructing portions of existing. driveway and raised brick planter wall 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 therefore. 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 January 30, 2015. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY AT ORNEY'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: �,bj'Ln By: By: !�,� Z,-�A A Aaron C. Harp Dave K iff City Attorney City Manager ATTEST: Date: l r -- By: kl ' Leilani I. Brown City Clerk Attachments: Exhibit A — GRANTOR: GLYNN VAN DE WALKER, Date: % — 2 By: GlynffVan De Walker Depiction of Work A jell \1�� O � r � i 9 O ;n Q a E I< 0 0 0 c .4 S W a IfI 'a Z W o P II U�' M 4 Z Q CONSTRUCTION NOTES: QUANTITIES: LEGEND: IK ? O 0 OSAWCUT AND REMOVE INTERFERING PORTIONS OF EXISTING BLOCK WALL 45 L.F. REMOVE EXISTING PLANTER WALL S O2 REMOVE EXISTING TREE 3 CONSTRUCT NEW PLANTER WALL O CONSTRUCT NEW PLANTER WALL (BOQUET CANYON ROCK WALL, 28.5 L.F. CONSTRUCT NEW SIDEWALK /DRIVEWAY a w =12 ", H=19"). Z EXHIBIT A O4 CONSTRUCT NEW PLANTER WALL (W =5 ", H =12 "). 7.5 L. F. G REMOVE EXISTING IMPROVEMENTS AND CONSTRUCT 4 -INCH THICK 160 S.F. c �n� u CITY Or- NEvvPORT BEACf� APPROVES a El PCC SIDEWALK PER CNB STD -180 -L x PUBLIC WORKS DEPARTMENT OREMOVE EXISTING IMPROVEMENTS AND CONSTRUCT MODIFIED 300 S.F. - - - - - - - - - - RESIDENTIAL PCC DRIVEWAY PER CNB- STD - 160 -L -B, AND STD -162 -L ADA IMPROVEMENT PLAN SENIOR CIVIL GINEER R.C.E. 70740 GATE �7 RECONSTRUCT PORTION OF EXISTING PCC CATCH BASIN CAP 40 S.F. 1599 PLACENTIA AVENUE DATE SCALE SHEET 12/10/14 1 " =20' 1 OF 1 e DRAWN AC C -5523 R- 6040 -S