09-0714_BUCK FAMILY TRUST_Right of Entry License Agreement•
RIGHT OF ENTRY
LICENSE AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND
GERALD E. BUCK AND BENTE BUCK, TRUSTEES OF THE BUCK FAMILY TRUST
(Temporary Construction — Del Obispo Street and Camino Capistrano Intersection
Improvements Project)
THIS RIGHT OF ENTRY L CENSE AGREEMENT ("Agreement") is made and
entered into this day of 2009 by and among the GERALD E. BUCK
AND BENTE BUCK (' Licenso Tru ees of the Buck Family Trust, and the CITY OF
SAN JUAN CAPISTRANO ("Licensee"), a California municipal corporation.
RECITALS
A. Licensee intends to embark on a public construction project for intersection
improvements and road right-of-way improvements along certain portions of Del Obispo
Street and Camino Capistrano in the City of San Juan Capistrano, California, which area
is more particularly depicted on Exhibit "A", attached hereto and incorporated herein by
reference, commonly referred to as the area located at the Del Obispo Street and
Camino Capistrano Intersection, City of San Juan Capistrano, California, .(hereinafter
referred to as the "Street Improvement Project Area").
B. Licensor is the fee owner of the Chevron depicted on Exhibit "B" attached
hereto, Assessor Parcel No. 668-073-01, located at 32001 Camino Capistrano, City of
San Juan Capistrano, California, which is directly adjacent to the Street Improvement
Project Area (the "Subject Property").
C. In order to complete construction of the proposed improvements within the
Street Improvement Project Area, Licensee requires temporary construction access to
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that certain portion of the Subject Property, which is more particularly depicted on Exhibit
"C," attached hereto and incorporated herein by reference (hereinafter referred to as the
'Temporary Construction Area"), for ingress, egress, and other construction -related
purposes associated with completing the proposed street and sidewalk improvements
within the Street Improvement Project Area.
D. Licensor desires to give permission to Licensee, and its authorized agents,
to access the Temporary Construction Area for ingress, egress, and other construction -
related activities associated with completing the proposed street and sidewalk
improvements within the Street Improvement Project Area..
NOW, THEREFORE, for valuable consideration receipt of which is hereby
acknowledged, and in consideration of the foregoing recitals and the mutual promises,
covenants, and conditions contained herein, the parties hereto agree as follows:
AGREEMENT
1. RIGHT OF ENTRY
Licensor hereby grants to Licensee, its agents, contractors, and invitees, the non-
exclusive right to access the Temporary Construction Area for the express purpose of
allowing ingress, egress, and other construction -related activities associated with
completing the proposed street improvements within the Street Improvement Project
Area ('Right of Entry").
2. NOT A REAL PROPERTY INTEREST
It is expressly understood that this Right of Entry does not in any way whatsoever
grant or convey any permanent easement, lease, fee or other leasehold interest in the
Temporary Construction Area to Licensee.
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3. TERM
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This Right of Entry shall be effective at 8:00 a.m. on July 6, 2009 and shall
automatically terminate and expire thirty-five days of Licensee's recording of the notice of
completion of the improvements. Licensee may not use the Temporary Construction .
Area for any other purpose or activity without obtaining Licensor's prior written consent.
Upon termination, Licensee shall remove all of Licensee's personal property and shall
surrender possession of the Temporary Construction Area to Licensor in good order and
repair to the satisfaction of Licensor, normal wear and tear excepted.
4. INDEMNIFICATION
Licensee hereby agrees to indemnify, defend, assume all liability for, and hold
harmless Licensor and its officers, directors, employees, agents and representatives from
all actions, claims, suits, penalties, obligations, liabilities or damages for personal or
bodily injury (including death) or for violation of any law or regulation, which may be
caused by Licensee's construction -related activities pursuant to this Right of Entry,
whether such activities or performance thereof is by the Licensee or anyone directly or
indirectly employed under contract with Licensee, and whether such damage or claim
shall accrue or be discovered before or after the termination of this Right of Entry.
6. CHANGE OF CIRCUMSTANCES
Each party shall promptly notify the other party of any legal impediment, change of
circumstances, pending litigation, or any other event or condition that may adversely
affect the ability to carry out any of the rights and obligations under this Agreement.
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6. SEVERABILITY
If any term, covenant, condition, or provision of this Agreement, or the application thereof
to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement, or the
application thereof to any person or circumstance, shall remain in full force and effect and
shall in no way be affected, impaired, or invalidated thereby.
7. ENTIRE AGREEMENT
This Agreement, together with any Exhibits attached hereto (which are
incorporated herein by reference) fully expresses all understandings between the parties
with respect to the subject matter of this Agreement and supersedes all prior and
contemporaneous understandings or agreement regarding such subject matter. No parol
evidence shall be permitted to contradict or vary the terms of this Agreement.
8. AMENDMENT
No modification, amendment, addition to, or alteration of the terms of this
Agreement, or any Exhibits thereto, whether written or verbal, shall be valid unless made
in writing and formally approved and executed by all parties.
9. ENFORCEMENT
In the event suit is brought by any party to enforce the terms and conditions of this
Agreement, or to secure performance hereof, the prevailing party shall be entitled to
recover reasonable attorneys' fees in connection therewith, in addition to costs incurred
and other costs permitted by law. This Agreement shall be governed and construed in
accordance with the laws of the State of California. In the event of any legal action to
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enforce or interpret this Agreement, the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County, California.
10. COUNTERPARTS
This Agreement may be executed in counterparts, all of which shall constitute the
same Agreement, notwithstanding that all parties to this Agreement are not signatory to
the same counterpart. Delivery of an executed counterpart of this Agreement by
telefacsimile shall be equally as effective as delivery of an original executed counterpart.
Any party delivering an executed counterpart of this Agreement by telefacsimile also shall
deliver an original executed counterpart of this Agreement. Signature and
acknowledgement pages may be detached from the counterparts and attached to a
single copy of this Agreement to physically form one (1) original document.
11. EXHIBITS
This Agreement includes the following Exhibits that are attached hereto and are
incorporated herein by reference as though fully set forth herein:
Exhibit "A" Location Map of Street Improvement Project Area
Exhibit "B" Depiction of Street Improvement Project Area and Licensor's
Property Location
Exhibit "C" Depiction of Temporary Construction Area
12. AUTHORITY TO EXECUTE
The persons executing this Agreement warrant and represent that they have the
authority to execute this Agreement and represent that they have the authority to bind the
party for which they are signing to the performance of the obligations hereunder
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first written above.
LICENSOR
Gerald E. Buck and Bente Buck, Trustees of the Buck
Family Trust �r
E] [TITLE]
LICENSEE
CITY OF SAN JUAN CAPISTRANO,
a municipal corporation
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