17-0901_GANAHL LUMBER COMPANY_Property Entry Permit1
2
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
PROPERTY ENTRY PERMIT
ISSUED TO Ganahl Lumber Company
1220 EasL Ball Road
Anaheim, CA 92805
Permission is hereby given to Ganahl Lumber Company (hereinafter referred to as
"Permittee") 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,
121-240-73, 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 due diligence including exploratory soil drilling and test
borings. Archaeological and Native American monitors are required to be on
site during all drilling and excavation activity. No Hazardous material shall be
stored on site.
OPERATIVE HOURS: This Permit is limited to 7:00 am-6:00 pm Monday
through Friday only.
TERM AND TERMINATION; SUSPENSION: This Permit is to cover the period from
September 1,2017 thru August 31,2018, 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 at the
above address. The notice of termination need not be in writing. ln addition, City or
its authorized representative may suspend some or all of Permittee's activities on
the Property until Permittee have cured any breach hereunder.
NO DUTY TO WARN: City has no duty to inspect the Property 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.
Permittee acknowledges that neither Permittee nor any employee, agent or
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representative of Permittee has made representations or warranties concerning the
condition of the Property. All persons entering the Property under this permit do 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 (collectively "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 as an agent of Permittee and shall be
continuously under the personal supervision and control of Permittee.
b)Access Control and Directional Devices. Permittee shall install or cause to
be placed access/traffic control devices such as barricades, delineators, or
temporary fencing to prevent use of property beyond the scope of this
Permit.
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.
City representatives, employees, agents or contractors may enter and
inspect the Property or any portion thereof at any time to verify the
Permittee's compliance with the terms and conditions of this Right of
Entry.
Permittee shall, in all Study Activities undertaken pursuant to this Right of
Entry, comply and cause its contractors, agents and employees to comply
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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 conducted pursuant to this Right of Entry.
Permittee shall not permit to be placed against the Property, or any part
thereof, any design professionals', mechanics', materialmen's contractors'
or subcontractors' liens with regard to the Permittee's actions upon the
Propeñy. The Permittee agrees to hold the City harmless for any loss or
expense, including reasonable attorneys'fees and costs, arising from any
such liens which might be filed against the Property.
Damage to Property. Permittee shall be liable for and shall pay to City the
cost of any damage of any kind whatsoever to fences, gates, 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
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c)
e)
d)
f)
s)
i)
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 of this
Permit. Permittee shall clean trash from the Property and surrounding
areas during and after the activity permitted.
i)Third Party Property 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
persons 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.
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good standing with the State of California and having a minimum Best's Guide
Rating of A- Class Vll or better.
i) Comprehensive General Liability. Throughout the term of this Permit,
Permittee shall maintain in full force and effect Comprehensive
General Liability coverage 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;
$2,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
Worker's Compensation. Permittee shall obtain and maintain, during
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ii)
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the term of this Permit, Worker's Compensation Employer's Liability
lnsurance in the statutory amount as required by state law.
iii)Proof of lnsurance Requirements/Endorsement. 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 Counsel for certification
that the insurance requirements of this Permit have been satisfied.
iv) Notice of Cancellation/Termination 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.
ENTRY 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 underthis Permit shall not be assigned, norshall
Permittee have the right to sublicense any part of the Property without the written
consent of Agency.
ATTORNEY'S FEES. 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.
AUTHORIZATION 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 bound by the terms and conditions hereof.
MISCELLANEOUS. The obligations and liabilities of Permittee under this Permit
shall survive the termination or expiration of this Permit, and shall not be affected by
or diminished in any way by the existence (or lack thereof) of other entry permits or
entry agreements covering all or a portion of the Property. All powers, rights or
remedies of the parties to this Permit shallbe cumulative with, and not exclusive of,
any powers, rights or remedies otherwise available at law or in equity.
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.
10.
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lN WITNESS WHEREOF, the parties hereto have executed this Permit as of the 7th
day of September 2017.
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SIGNATURE PAGE TO
PROPERW ENTRY PERTIilIT
(cANAHL)
City of San Juan
By;
City Manager
By:
Peter ht
APPROVED AS TO FORM;
nger, City
Attached: Exhibít'A" showing the approximate rocation of test/boring sites
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