18-1005_HARDY AND HARPER, INC/MAAS EQUIPMENT, LLC_Property Entry Permit CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
PROPERTY ENTRY PERMIT
ISSUED TO: Hardy and Harper, Inc. •
Maas Equipment, LLC.
1312 E.Warner Ave.
Santa Ana, CA 92705
Permission is hereby given to Hardy and Harper, Inc,/Maas Equipment, LLC. (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:
1. AREA:This Entry Permit("Permit") is limited to the portions of land situated on the
property known as Lower Rosen 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.
2. 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.
3. OPERATIVE HOURS: This Permit is limited to 7:00 am-6:00 pm Monday through
Friday only.
4. No Interference: The operator shall not interfere with the existing uses on the
property including vehicle movement and storage by Courtesy Motors an
Capistrano Mazdallolkswagen, and construction activities undertaken by Ames
Construction under license agreement with the City of San Juan Capistrano.
5. TERM AND TERMINATION;SUSPENSION: This Permit is to cover the period from
October 5, 2018 through December 15, 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 pursuantto this permit or by notice to Permittee
at the above address. The notice of termination need not be in writing. In addition,
City or its authorized representative may suspend some or all of Permittee's
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activities on the Property until Permittee have cured any breach hereunder.
6. 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 is.
Permittee acknowledges that neither Permittee nor any employee, agent or
representative of Permittee has made representations or warranties concerning the
condition of the Property. Ali persons entering the Property under this permit do so
at their own risk.
7. 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.
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 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.
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 local Jaws, 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
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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.
f) 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
Property. The Permittee agrees to hold the City harmless for any toss or
expense, including reasonable attorneys'fees and costs, arising from any
such liens which might be filed against the Property.
g) 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
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 ail
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 Injury. City and the other
°indemnitiees' (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 toss 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.
j) Indemnification. 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.
8. Insurance. Insurance required herein shall be provided by Admitted Insurers in
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good standing with the State of California and having a minimum Best's Guide
Rating of A-Class VII 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.
ii) Worker's Compensation. Permittee shall obtain and maintain, during
the term of this Permit, Worker's Compensation Employers Liability
Insurance in the statutory amount as required by state law.
111) Proof of Insurance 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 Canceliationfrermination of insurance. 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.
8. ENTRY FEE.There shall be an entry fee of$438.00 per month or portion there of
charged to Permittee for the use of the Property during the term of the Permit.
9, 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.
10. ATTORNEY'S FEES. In 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.
11. 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.
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81147.00310%302087191
12. 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 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.
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the 541 day
of October 2018.
City of San Juan Capo
By:
Be, e1, 7Lager yez.jv
Ha(dy and Harper, Inc.
Maas EquIpm LC.
Project Coordinator
APPROVED AS TO FORM:
T'Sj
Jeffrey"Ballinger, afy'Attorney
Attached: Exhibit "A" showing the approximate location of temporary lay
down/staging area for Slurry Seal Project
Pace: 5 of 5
61147.00310-0268710 1
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CITY OF DANA POINT 111
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BEST MANAGEMENT PRACTICES (BMPs) FOR CONSTRUCTION SITES r,_P',_ j
MEJORES PRACTICAS DE MANTENIMIENTO EN AREAS DE CONTRUCCION
L ira
Daterrime 9/26/18 to Address: Lower Rosan Yard j contactor Hardy & Harper Inc. I
12/15/18 -
O PROVIDE EFFECTIVE PERIMETER SEDIMENT CONTROL MEASURES
PROPORCIONE MEDIDAS DE COTROL DE EROSION PARA TODA LA AREA DE TRABAJO
Cl PROVIDE STRAW WADDLES, SAND/GRAVEL BAGS AND/OR SILT FENCE AT PROPERTY LINE
AND SIDEWALK AND/OR STREET BOUNDRIES
POPOTEABSORBEITE 0 ARENA/BOLSAS DE GRA VILLA SON REQUERIDAS EN LAS BANQUETAS Y VIAS PUBLICAS
❑ PROVIDE A WATER REPELLANT COVER (Plastic sheeting) FOR STOCKPILES
PROPORCIONE BARRERAS DE RECHASO DE AGUA (Sabanas de plastico) QUE CUBRAN LA RESERVA DE TIERRA
❑ PROVIDE EFFECTIVE STORM DRAIN PROTECTION FOR THE DOWN-STREAM STORM DRAIN
PROPORCIONE PROTECSION PARA LA CORRIENTE DE AGUA QUE CORRE ASIA EL DRENAJE
D PROVIDE EFFECTIVE TRACKING CONTROLS (SHAKER PLATE AND/OR GRAVEL)AT JOB SITE
ENTRANCE TO PREVENT CONSTRUCTION TRAFFIC FROM TRACKING MUD AND DEBRIS INTO
THE STREET
PROPORCIONE UN PLATO AJITADOR EN LA ENTRADA A LA AREA DE TRABAJO PARA PREVENIR EL TRAFICO DE
CONSTRUCCION QUE LLEVE LODO Y DESECHO A LAS CALLES
❑ NO STREET WASH-DOWN IS ALLOWED. CONSTRUCTION MATERIALS SHALL NOT BE
WASHED DOWN OR SWEPT INTO STREET(DRAINS TO OCEAN)Please sweep the street when
required.
NO SEPERMITE LAVADO DE CALLES, EQUIPO DE CONSTRUCCION Y MATERIALES QUE SEAN BARRIDOS A ALA
CALLE Y DRENAJES(Favor barra la cello cuando sea necesario).
❑ PROVIDE CONSTRUCTION DEBRIS CLEANUP/REMOVAL (DUMPSTER) (Keep your job site clean to
prevent debris from littering the street)
PONGA DESECHOS DE CONSTRUCCION Y L/MPIEZA EN EL BOTE APROPIADO PARA EL DESECHO(Mantcnga su
area de Irafajo limpia para prabenir la acomu/asion de desechos en la ca/le)
O PROVIDE A CONTAINED CONSTRUCTION WASH-OUT AREA (Wash out area for concrete and mortar
mixer clean up. Do not wash out any materials into street.
PROPORCIONE MEDIDAS DE PREVENSION Y RETENIMIENTO DE DESECHO DE AGUA DE CONSTRUCCION(Lavedo
de receptor y mescla de cemento. No lave el batidor, carrillas, erraminetas,pampas de batidor de cement()en la ca/le
❑ OBTAIN AN ENCROACHMENT PERMIT FOR CURB AND GUTTER REPAIR AND REPLACEMENT
AS REQUIRED (PUBLIC WORKS)
OBTENGA PERMISO DE USO 0 REPARASION EN CURBAS Y COLADERAS REQUERIDAS POR(SERV/C/OS
PUBLICOS)
Cl DO NOT STORE CONSTRUCTION MATERIALS IN PUBLIC RIGHT OF WAY(STREET)
NO PONGA MATERIAL DE CONSTRUCCION EN V/AS
CI PREVENT LANDSCAPE OVER-WA TERING
PP,E'JENGA USAR MUCHA AGUA EN LA JARDINERIA
❑ LOCATE PORTABLE TOILET ON PRIVATE PROPERTY
BANOS PORTATIL SON REQUER/DOS SER PUESTOS EN PROPIEDAD PR!VADA
Failure to comply with the above measures may result in a Stop Work Notice or Citation up to $1,000.
Falta de cumplir con las medidas requeridas relultara en Orden the Paro de Trabajo, Tiquete, y/o Fiansas.
0 VERBAL WARNING 0 NOTICE OF NONCOMPLIANCE 0 STOP WORK
The above BN1Ps shall be implemented by. Hardy & Harper Inc. Inspector: City 01 Dana Point
estMait'agieiilE�itPR1cf1ee1s -ofC011sf1111c1/oI . ite1s
Dumpsters and Portable Toilets
Earthmoving Equipment Concrete Trucks/Pumpers
All earthmoving equipment must be stored onsite.Drip pans Pumpers must be surrounded by perimeter controls,such as Dumpsters must be covered with a waterproof covering at
must be placed under equipment not in use,to contain teaks gravel bags,sandbags,or straw wattles.Waterproof tarps also the end of each work day and during a rain event.Area
when observed,Maintenance must be conducted onsite must be placed beneath concrete pumpers at all times to around dumpster must be kept clean.Dumpsters must be
instead of in the street.Any leaks should be cleaned up and prevent spills into the street and sidewalk.Residual materials located onsite unless an Encroachment Permit is obtained for
repaired immediately. must be cleaned up.Trucks and pumpers are required to clean placement in street.Portable toilets must have drip pans and
be
out in the washout area,not in the street,catch basin or a placed onsite so that any spills do not discharge offsite,
wheelbarrow.
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Downstream Storm •Y-_
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j •y•-y.'•,•r Drain(s) • ' .�•�j , '. •
= Ruiidin Materials/Sta in Areas
I Inlets must be protected. ,.r • 1`•' . 9 9 9
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Construction materials(Includin landscapematerials)
s r. • Debris accumulitlnn shall ; ' v r 9
��„' be removed dill ��1, r_ •
J F y ,: �.•:.�.. .....#,, . •�.-1..'•p t must be stored onsite.Building materials must be
,i "•� � .. J er�.,x�e�,•e� covered when not in use to prevent runoff caused by
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• _ •• wind or rain.
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as out Areas ;� .:�;�1r, • �� ,r • , , sr:. .
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"wet"
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Disposal of wet construction materials should be •• •••••
handled In the washout area,This includes paint,stucco, • fi .
P Perimeter Controls .. -i.L.� ' ''
and concrete.Use a waterproof pit(visqueen or kiddie Gravel bags,silt fences and straw wattles are acceptable '
pool,etc.)to collect and contain liquids and prevent
perimeter controls and must be used to control site ''.°' t. - , i '
7 runoff into the street and gutter.The washout area must y.. Y 1fi,.�- ' ti
. run-on and runoff.Avoid running over perimeter controls 't..i.... ..",� •
be checked and maintained daily to ensure compliance. . „ . ;ii, :. �,. 3.=
• with vehicles or heavy equipment,as they can damage k, , •• •. -
Washoutmaterial must be disposed of properly.Leaks the materials.Keep extra absorbent materials and/or a -' .� :'• .-, :.: 4' •
• must be re..ired immediate' . ------ -..-� ►.�,
• • wet/dry vacuum onsite to quickly pick up spills.Sites •
Dirt and Grading must be checked an maintained daily. Liquid Storage
Stockpiled dirt and gravel must be stored onsite • __ _ Paints,solvents,fuel and other liquids stored onsite must be
and covered.Dust control shall be maintained Tracking Controls contained in watertight containers and covered with
throughout all phases on construction.During the All entrances/exits on the site must have coarse gravel(1"to 3" waterproof tarp.It is illegal for contractors to wash out and
rainy season(October 1 -April 30)additional gravel, angular material)and/or steel shaker plates to prevent offsite dump liquid waste or residue in the street,storm drain or
bags,tarps,and visqueen must be stored on site for sediment tracking.Hand or mechanical sweeping must also be sewer.Use washouts or hazardous material drums to contain
emergency repair with perimeter control,when not used as needed to clean up any material that gets tracked offsite. liquid waste and residue and dispose of this material .3
in use.