17-1103_ALL AMERICAN ASPHALT_Property Entry Permit1
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
$AN JUAN CAPI$TRANO, CA 92675
PROPERTY ENTRY PERMIT
IS$UED TO:AllAmerican Asphalt
400 E. Sixth Street, Corona CA
Permission is hereby given to All American Asphalt (hereinafter referred to as
"Fermittee") by the City of San Juan Capistrano, a municipal corporation, to enter upon
the property (the "Property"), subject to the following conditions:
AREA: This Entry Permit ("Permit") is limited to the portions of land situated on
the property known as Lower Rosan Ranch located North of Stonehill Drive and
South of Capistrano Valley Mobile Estates, between the OCTA railroad tracks and
Orange County flood control channel (APN 121-253-13, 121-253-15,121-240-39,
1X-24A-73, 121-240-76 (portion of)), San Juan Capistrano, CA and as further
depicted in Exhibit "A" attached to and incorporated to the Permit,
pURPOSE: The permission to enter issued hereunder is nonexclusive and is limited
to the purposes of a temporary lay down/staging area for Slurry Seal Project
for the City of Dana Point. Permittee shall ensure that any hazardous material
handling and storage shall be in compliance with all applicable law and
regulations.
OPERATIVE HOURS: This Permit is limited to 7:00 am-6:00 pm Monday
through Friday only.
TERM AND TERMINATION; SUSPEN$lON: This Permit is to coverthe period from
October 26,2A17 through November 30, 2017, however the Permit may be
terminated at any time without cause by City or this authorized representative by
notice to any person on the Property pursuant to this permit or by notice to
Permittee atthe above address. The notice of termination need not be in writing. ln
addition, City or its authorized representative rnay suspend some or all of
Permittee's activities on the Property until Permittee have cured any breach
hereunder.
NO ÐUTY TO WARN: City has no duty to inspect the Properly and no duty to
warn Permittee or any person of any other latent or patent defect, condition or risk
that might be incurred in entering the Property. Permittee has inspected or will
inspect the Property and hereby accepts the condition of the Property "As ls.
2
..t.
4.
5.
61 1 47.0031 0\3026871S. 1
Page 1 of S
6.
Permittee acknowledges that neither Permittee nor any ernployee, agent or
representative of Permittee has made representations or warranties concerning the
condition of the Property. Alt persons entering the Property under this permit dc so
at their own risk.
RIGHTS AND RESPONSIBILITIES: Permittee's rights and responsibilities under
this Permit are and shall be subject to, and Permittee shall comply with and
cause its employees, officers, consultants, agents, representatives and anyone
entering under this Permit {colteetively "Permittee's Representatives") to comply
with the following:
a)Personal Supervision. Each person entering upon the Property shall be
considered at all times to be acting ãs an agent of Permittee and shall be
continuously under the personal supervision and control of Permittee.
b)Access Control and Directional Devíces. Permittee shall install or cause to
be placed accessltraffic controldevices such as barricades, delineators, or
temporary fencing to prevent use of property beyond the scope of this
Permit.
c)The Permittee agrees that it will, upon conclusion of the Term remove any
drilling, boring, testing, or other investigational equipment and materials
located on the Property as a result of the Permittee's activities and, to the
greatest extent feasible, restore the Property to its original condition after
completion of any and all Study Activities, at its sole cost and expense.
d)City representatives, employees, agents or contractor$ may enter and
inspect the Propedy or any portion thereof at any time to verify the
Permittee's compliance with the terms and conditions of this Right of
Entry.
e)Permittee shall, in all study Activities undertaken pursuant to this Right of
Entry, comply and cause its contractors, agents and employees to comply
with all federal, state and focal laws, statutes, orders, ordinances, rules,
regulations, plans, policies and decrees, Without limiting the generality of
the foregoing, the Permittee shall obtain, at its sole cost and expense, any
and all permits and authorizations which may be required by any law,
regulation or ordinance for any activities the Permittee desires to conduct
or have ccnducted pursuant to this Right of Entry.
f,Permittee shall not permit to be placed against the Property, or any part
thereof, any design professionals', mechanics', materialmen's contractors'
Page 2 of 5
61 1 47.0031 0\30268719.1
or subconträctors' liens with regard to the Permittee's actions upon the
Property. The Permittee agrees to hold the City harmless for any loss or
expense, including reasonable attorneys'fees and cost$, arising from any
such liens which mighi be filed against the Property.
s)Damage to Property. Permittee shall be liable for and shall pay to City the
cost of any damage of any kind whatscever to fences, gaies, trees and any
other property of City, including loss of use thereof, arising from or in any
way related to (1) the acts or omissions of Permittee or Permittee's
Representatives, or (2) any breach by Permittee of any of its obligations
under this Permit, except for the portion, if any, of any of the foregoing
which are held by a court of competent jurisdiction to have been caused
solely by the gross negligence or willful misconduct of City. Neither
Permittee nor any of Permittee's Representatives shall remove any
property of any type from the Property without the express prior written
consent of City.
h)Removal of Materials; Trash, Litter, and Debris. Permittee shall remove all
materials used by Permittee from the Property upon termination af this
Permit. Permittee shall clean trash from the Property and surrounding
areas during and after the activity permitted.
Third Party Froperty Damage or Personal lnjury. City and the other
"lndemnitiees" (described below) shall not be liable for any damage of any
kind whatsoever to any property belonging to or used by Permittee or any
persCIns entering upon the Property under this Permit, including loss of use
of any such property, or for any injury of any kind whatsoever to any person
entering upon the Property under this Permit, arising from any cause
whatsoever, and Permittee hereby waives all claims and demands relating
thereto.
lndemnification. Permittee agrees to protect, defend and hold harmless
City, its elected and appointed officials and employees from any and all
claims, liabilities, expenses or damages of any nature, including attorneys'
fees, for injury or death of any person or damage to property or interference
with use of property and for errors and omissions committed by Permittee
arising out of or in connection with the work, operation or activities of
Permittee, its agents, employees and subcontractors in carrying out its
obligations under this Permit.
lnsurance. lnsurance required herein shall be provided by Admitted lnsurers in
good standing with the State of California and having a minimum Best's Guide
Rating of A- Class Vll or better.
Comprehensive General Liability. Throughout the term of this Perrnit,
Permittee shall maintain in full force and effect Conrprehensive
Page 3 of ı
¡)
i)
7
i)
61 r47.0031 0\3026871 9.1
General Liability coverâge in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/not limited to
contractual period;
$2,00CI,000 injury to more than one personlany one occurrence/not
limited to contractual period.
Worker's Compensation. Permittee shall obtain and maintain, during
the term of this Permit, Workels Compensation Employels Liability
lnsurance in the statutory amount as required by state law.
ii¡)Proof of lnsurance RequirementslEndorsement. Prior to beginning
any work under this Permit, Permittee shall submit the insurance
certificates, including the deductible or self-retention amount, and an
additional insured endorsement to the Permittee's general liability and
umbrella liability policies to the City's General Counselfor certification
that the insurance requirements of this Permit have been satisfied.
iv) Notice of Cancellatianffermination of lnsurance. The above
policy/policies shall not terminate, nor shall they be canceled, nor the
coverages reduced, until after thirty (30) days'written notice is given
to City, except that ten {10) days' notice shall be given if there is a
cancellation due to failure to pay a premium.
ËNTRY FEE. There shall be no entry fee charged to Permittee for the use of the
Property during the term of the Permit.
ASSIGNMENT. Permittee's rights under this Permit shall not be assigned, nor shall
Permittee have the right to sublicense any part of the Property without the written
consent of Agency.
ATTORNEY'$ FËËS. ln the event of any legal action to enforce the rights or
remedies of either party to this Permit, the prevailing party shall be entitled to
recover its costs and expenses {including attorney's fees) of such action.
AUTHOR¡ZATION TO SIGN: The person executing this Permit on behalf of
Permittee represents and warrants that he/she is duly authorized to execute same
and that Permittee is baund by the terms and conditions hereof.
MISCELLANEOUS. The obligations and liabitities of Permittee under this Permit
shallsurvive the termination orexpiration of this Permit, and shall not be affected by
or dirninished in any way by the existence (or lack thereoQ of other entry permits or
entry agreements ccvering all or a portion of the Property. All powers, rights or
Page 4 of 5
ii)
9.
10
1f.
12".
61 1 47.0031 0\302687 I 9.1
remed¡es of the parties to this Permit shall be cumulative with, and not exclusive of,
any powers, rights or remedies otherwise available at law or in equity.
13, ENTIRE Permit. This Permit constitutes the entire understanding and agreement
between the parties and supersedes all previous negotiations between them
pertaining to the subject matter thereof.
lN WITNESS WHEREOF, the parties hereto have executed this Permit as of the 3r/
day of Octeþpr 2017.
City of San Juan
By
City Manager
All American Asphalt
By z'z
Eric Lohrenz, Project
APPROVED AS TO FORM:
By ,O 4479.,-- -
J effrey'B a I lín g ér, C it¡í Attorney
Attached: Exhibit "A" showing the approximate location of temporary lay
down/staging area for Slurry Seal Project
61 147.00310\30268719. 1
Page 5 of 5
r
t
f
.
J
-
a
*
-
þ
¡
*
¿
l
i
.
.
F
I
a
0
I
È
Ê
"
t
-
{
u
t
I
.
.
f
-
i
.
I
,
t
h
t
t
I
t
r
I
¡
'
l
'
i
f
l
ì
r
-
L
I
J
U
?
å
,
.
,
\
Ç
V
I
I
E
I
H
X
f
.
"
q
1
?
r
o
l
t
n
'
ı
&
F
t
*
i
g
¿
r
.
.
r
t
I
.
¡
,
t
-
t
'
¡
i
Þ
ú
I
*
L
"
,