19-1119_GANAHL LUMBER COMPANY_Property Entry PermitCity of SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
PROPERTY ENTRY PERMIT
ISSUED TO: Ganahl Lumber Company
1220 East 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:
I 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.
2. PURPOSE: The permission to enter issued hereunder is nonexclusive and is limited
to the purposes of due diligence including exploratory soil drilling, test borings,
general site evaluations, and grading planning ("Activities"). 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.
3. OPERATIVE HOURS: This Permit is limited to 7:00 am -6:00 pm Monday through
Friday only.
4. TERM AND TERMINATION; SUSPENSION: This Permit is to cover the period from
October 1, 20119 through September 30, 2020 (the "Term"), however the Permit may
be terminated at any time without cause by City or its 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. In
addition, City or its authorized representative may suspend some or all of
Permittee's Activities on the Property until Permittee has cured any breach
hereunder.
5. 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. All persons entering the Property under this permit do so at their own risk,
61147.60005532421297. 61147.60005\32421297, 11
6. RIGHTS AND RESPONSIBILITIES: Permittee',s rights and responsibilities under
this Permit are and shall besubject to, and Permittee shall comply with and cause
its employees, officers, consultants, agents, representatives and anyone entering
under this Permit (cmUect|wa|y "Pernl|ttee'G Representatives") to comply with the
a) Personal Supervision. Each person entering upon the Property shall be
considered etall times bubaacting @eanagent of Permittee and shall be
continuously under the personal supervision and control of Permittee.
b) Access Control and Directional Devices. Permittee shall install ur
cause tobeplaced access/traffic control devices such awbarricades,
delineators, ortemporary fencing hoprevent use mfproperty beyond the
scope ofthis Permit.
c\ Restoration. The Permittee agrees that itwill, upon conclusion ofthe
Term remove any drilling, boring, testing, o other investigational
equipment and materials located onthe Property mamresult ofthe
Permnittea's Activities and, tothe greatest extent feasible, restore the
Property tmits original cuDditionafte[onrnp|eUonofanyBDdaUAcUV|t|ea.
mtits sole cost and expense.
d) Entry and Inspection. City representatives, employees, agents ur
contractors may enter and inspect the Property orany portion thereof mt
any time toverify the Pennitbee's compliance with the terms and
conditions nfthis Permit.
a) Legal Compliance, Permittee shall, inall Activities undertaken pursuant
tathis Permit, comply and cause its contractors, agents and employees to
comply with all fedena|, state and local |ows, 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 berequired by
any law, regulation or ordinance for any Activities the Permittee desires to
conduct orhave conducted pursuant tothis Permit.
O
Liens. Permittee shall not permit hobeplaced against the Property, or
any part thereof, any design profeoaionmls/.mOechon|ms'.rnebahe|men'o
contractors' or subcontractors' liens with regard to the Permittee's actions
upon the Property. The Permittee agrees tuhold the City harmless for any
loss orexpense, including reasonable attorneys' fees and costs, arising
from any such liens which might bafiled against the Property.
A) Damage to Property. Permittee shall beliable for and shall pay tnCity the
cost ofany damage uf any kind whatsoever bzfences, gates, trees and any
61147,80005132421297. 6114710005\32421297, 11
way related to (1) the acts or mrniaskonm of Pmnnbbee or Pannittee'a
Representatives, or (2) any breach by PennKbae of any of its obligations
under this Permit, except for the portion, if any, of any of the foregoing which
are held bya court ofcompetent jurisdiction tohave been caused solely by
the gross negligence o[willful misconduct ofCity. Neither Permittee nor any
ofPmrrnittee'o Representatives shall remove any property ofany type from
the Property without the express prior written ooMsent of City.
h> Removal ofMaterials; Tmomh, Litter, and U remove
all n1ahnha|a used by Permittee from th termination of this
Permit, Permittee shall clean trash from the Property and surrounding areas
during and after the activity permitted. �
U Third Party Property Damage orPersonal Injury. City and the other
"|ndernnitia8s^(deochbedbelow) shall not beliable for any damage cfany
kind whatsoever to any property belonging to or used by Permittee or any
persons entering upon the Property under this Permit, including loss nfuse
f any such property, or for injury f any kind whatsoever to any person
entering upon the Property under this Permit, arising from any cause
whatsoever, and Permittee hereby waiv s all claims and demands relating
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 ubcontractors in carrying out its
obligations under this Permit.
7. INSURANCE. Insurance required herein shall beprovided byAdmitted Insurers in
good standing with the State of California and having a minimum Bent's Guide
Rating 0f/4Class VII qrbetter.
Comprehensive General Liability. Throughout the Term of this
Pe0Qit. Permittee shall maintain in full force and effect
Comprehensive General Liability coverage /nthe following minimum
amounts;
$1IX00'000 injury to one person/any one occurrence/not limited to
contractual period;
$2.O0]'0OOinjury tnnO0nathannnoperoon/mnyonmoocunence/no(
61147.80005\32421297, 61147.800OW242129T 11
ii) Worker's Compensation. Permittee shall obtain and maintain,
during the Term of this Permit, Worker's Compensation Employer's
Liability Insurance in the statutory amount as required by state law.
Ji) 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 Cancellation/Termination 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 no entry fee 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 City.
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 attorneys 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 the
same and that Permittee is bound by the termsland conditions hereof.
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,
61147.80005132421297, 61147,80005132421297, 11
4
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the
kelvevuL�_ �14'A , 2019.
CITY OF SAN JUAN API RANO
By:
Beni, n Sie4,dty Oanager
GANAH BE ANY
By:
44P42,w4k,
APPROVED AS TO FORM:
By:
Bait ag�er, CityAttorney
61147.80005132421297. 61147,80005\32421297. 11
aZ
61147.8i7OM32421297, 61147,66065'\32421297, 11
EXHIBIT "A"