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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. -t- 0 0 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. -2- 0 0 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 -3- a s,CIIY OF SAN JUAN CAFISIAN.' s i! CITY OF SAN NnX CAPISTRANO < San Juan Capistrano Community Redevelopment Agency TRANSMITTAL TO: 0 Mr. Mark Korand, Executive Director Habitat for Humanity of Orange County, Inc. 2165 S. Grand Avenue Santa Ana, CA 92705 0 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