07-1009_HABITAT FOR HUMANITY_Access Agreement0 0
ACCESS AGREEMENT
This Access Agreement is entered into this � day of
2007, by and between the San Juan Capistrano Community Redevelopment
Agency (hereinafter "Agency"), and Habitat For Humanity of Orange County,
Inc.(hereinafter "Habitat").
Whereas, the Agency owns certain real property described as Assessor's
Parcel No. 650-121-03 & 04 located at the terminus of Calle Rolando, and
Whereas, Habitat is in the process of applying for land use entitlements to
develop this property for a potential residential development, and
Whereas, Habitat desires to enter upon the property at this time to begin
construction of site improvements, including but not limited to grading, installation
of utilities and infrastructure, and construction of 27 affordable housing units;
Now Therefore, Agency and Habitat mutually agree to certain terms and
conditions regarding access to the property as follows:
Section 1. Access To Agency Owned Property.
Agency hereby grants authorization to Habitat to enter upon that certain
real property described as Assessor's Parcel No. 650-121-03 & 04, for the
purpose of allowing Habitat to begin construction of site improvements, including
but not limited to grading, construction of site and retaining walls, installation of
utilities and infrastructure, and construction of 27 affordable housing units
pursuant to the plans approved by the City of San Juan Capistrano and upon
obtaining all required City and/or outside Agency permits.
Section 2. Term.
Habitat shall be entitled to conduct the activities described in section 1
from the date of this agreement until December 31, 2009, unless an additional
period of time is administratively granted by the Agency's Executive Director.
Section 3. Hold Harmless.
Habitat shall indemnify, save, and defend the Agency, its appointed
officials, and employees harmless from and against any and all claims, suits,
actions, or proceedings, of any kind or nature, for damages to property or injuries
to or death of any persons arising out of Habitat's activities undertaken pursuant
to the terms of this access agreement.
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Section 4. No Assignments.
Habitat shall not assign or transfer any of the access rights under this
agreement to any third party without the oral or written consent of the Agency
Executive Director.
Section 5. Advance Notice.
Habitat shall provide at least 48 hours advance notice to Agency officials
of those specific activities to be undertaken prior to commencing work.
Section 6. Notices.
Any notice required to be given under this agreement may be by written
notice, or oral notice if allowed, to:
To Redevelopment Agency:
Dave Adams, Executive Director,
Or Steven A. Apple, Planning Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Tel Ph. No. 949-443-6314 (Adams)
Tel Ph No. 949-443-6323 (Apple)
To Habitat:
Mr. Mark Korando, Executive Director
Habitat for Humanity of Orange County, Inc.
2165 S. Grand Avenue
Santa Ana, CA 92705
Section 7. Entire Agreement.
This Agreement contains the entire Agreement of the parties hereto with
respect to the matters covered hereby, and no other previous agreement,
statement or promise made by any party hereto which is not contained herein
shall be binding or valid.
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In Witness Whereof, the parties hereto have executed this Agreement on
the day and year first above written.
San Juan Capistrano Community
Redevelopment Agency
By:
David F. Adams, Executive Director
Habitat for Humanity of Orange County, Inc.
M
APPROVE AS TO FORM:
John 5Kaw, City Attorhey
ATTEST:
Mark Korando, Executive Director
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s,CIIY OF SAN JUAN CAFISIAN.'
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i! CITY OF SAN NnX CAPISTRANO <
San Juan Capistrano
Community
Redevelopment
Agency
TRANSMITTAL
TO:
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Mr. Mark Korand, Executive Director
Habitat for Humanity of Orange County, Inc.
2165 S. Grand Avenue
Santa Ana, CA 92705
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FROM: Meg Monahan, MMC — Agency Secretary (949) 443-6308
RE: Access Agreement
Enclosed:
Copy of Access agreement between Habitat for Humanity and the San Juan Capistrano
Community Redevelopment Agency RE: APN 650-121-03 & 04
Cc:
Lynnette Lehmann, Senior Management Analyst
32400 Paseo Adelanto
San Juan Capistrano
California 92675
949-493-1171