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Home My WebLink AboutC-6177 - Right-Of-Entry Agreement for 833 Dover Drive i- RIGHT-OF-ENTRY AGREEMENT ' WITH LINCOLN S. YEE AND GRACE PAK, AS TRUSTEE OF THE YEE-PAK V REVOCABLE LIVING TRUST DATED APRIL 11, 2008 FOR 833 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 LINCOLN S. YEE AND GRACE PAK AS TRUSTEE OF THE YEE-PAK REVOCABLE LIVING TRUST DATED APRIL 11, 2008, ("Grantor"), the fee owner of real property commonly known as 833 Dover Drive, Newport Beach, California 92663, Assessor's Parcel Number 117-631-11 (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 existing driveway 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. Riaht 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. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: By: Aaron C. Harp ern oS��3j�s City Attorney ATTEST: Date: I? /7.� la CITY OF NEWPORT BEACH, a California municipal corporation Date: 4111511C By: Dave iff City Manager GRANTOR: LINCOLN S. YEE AND GRACE PAK, AS TRUSTEE OF THE YEE-PAK REVOCABLE LIVING TRUST DATED APRIL 11, 2008 Leilani I. Brown City Clerk Living Trust Dated April 11, 2008 Date: By:_ Grace Pak r421"�� Trustee of the Yee -Pak Revocable Living Trust Dated April 11, 2008 Attachments: Exhibit A — Depiction of Work and Property 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 Orme- ) ss. On (5Lyn0-_ 1 O , 201 before me, co- L. n orri s , Notary Public, personally appeared L,yLczln S. glee- $ , who proved to me on the basis of satisfactory eviden e to be the persoroowhose nam6s is/. -O subscribed to the within instrument and acknowledged to me that he/she(Te xecuted the same in his/he heir authorized capacity('es)) and that by his/her elr signaturesoon on the instrument the persor(o or the entity upon behalf of which the persor sc ed, 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. 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. (seal) 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 (seal) JANICE L. MORRIS .; Commission # 1952127 Notary Public - California z Z � Z �''"-� Orange County D My Comm. Expires Oct 12, 2015 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. (seal) 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 (seal) EXHIBIT A DEPICTION OF WORK AND PROPERTY Q F— m_ 2 LO W 2 �- U E- N _ Q iz U OOf 3 it W O� d 0 co �? Y ua I u W O Z U LL U '� t'£t 0 .: Q a oC'70 H Fla U Lo � t strt U a XM o Iiaa .0'* iolt S9'6 9$ZL I Lid (7zri BL'ZL LLLI 3 ( a 96•£ pf w Q l p. > ED 1 zz t N W i z _o- a0 09' U 097L1 C) Q U _ 0 a £Z'£L ( M W O �f ,X LOH c J 09�E \ 3- i 07 Z i