1978-0816_HARTIGAN, FRANK J._Agreementa
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AGREEMENT TO DO CORRECTIVE WORK
RESULTING FROM STORM DAMAGE
-THIS AGREEMENT MADE AND ENTERED INTO THIS
16th DAY OF August, 1978
BY AND BETWEEN THE CITY OF SAN JUAN CAPISTRANO,
HEREINAFTER CALLED "CITY," AND
FRANK J. HARTIGAN HEREINAFTER
REFERRED TO AS "OWNER."
W I T N E S S E T H
WHEREAS, the impact of concentrated and prolonged
rainfall has caused certain slopes abutting public rights of
way to fail and to slide into and encroach upon'such public
property; and
WHEREAS, the resulting encroachment has endangered
and continues to endanger the health, safety and welfare of the
public; and
WHEREAS, the City, accordingly, desires to cause the
dirt and debris to be removed from public property and to restore
the abutting slopes; and
WHEREAS, such work will require temporary access upon
and use of property belonging to OWNER: -AND
WHEREAS, OWNER acknowledges that the performance of
the aforesaid restoration work will benefit his property.
NOW THEREFORE, in consideration of the foregoing
premises and the promises hereinafter contained the parties
hereto agree as follows:
1. OWNER grants to CITY, its officers employees
and/or contractor, the right, license and permission
to enter upon that portion of his property delineated
on Exhibit "A" to undertake and accomplish restorative
and corrective repair thereon, pursuant to plans
attached hereto as Exhibit "B."
2. CITY shall notify OWNER 8 hours in
advance of the commencement of the work and shall
cause all entry and work to be done expeditiously
and with the minimum of inconvenience to OWNER.
3. OWNER shall indemnify and hold harmless
CITY from any and all damage and liability of every
kind and nature, which may arise as a result of CITY's
entry upon and use of his property and the performance
of corrective work.
4. OWNER agrees to pay -0-
dollars to the CITY as reimbursement for
OWNER's share of the cost of corrective work.
IN WITNESS WHEREOF, this agreement was executed the
day and year first above written.
APPROVED AS TO FORM:
es S. Okazaki, CiW Attorney
ATTEST:
Mary Ann/Fidnover, City Clerk
By_� �s
KENNETH E. FRIK S, MAYOR
State of California
1 ss.
County of Orange
City of San Juan Capistrano )
OFFICIAL SEAL
CHERYI A JOHNSON
g 16 NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
"^^"' My comm. expires DEC 28, 1981
GENERAL ACKNOWLEDGEMENT FORM
On this the 271h day of September 19 78 , before me,
the undersigned Notary Public, personally appeared
FRANK J. HARTIGAN
known to me to be the person(s) whose name(s) is subscribed
to the within instrument and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
CHERYL A. JOHNSO ", NOTARY PUBLIC
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OF PURI -10 WORKS
STORN'DAMAGE REPAIRS 1978
Sheet 1 of 3
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32400 PA.SEO ADELANTO
SAN JUAN CAPISTRANO, CALIFORNIA 92675
PHONC 4931171
October 2, 1978
Mr. Frank J. Hartigan
32351 Del Obispo Street
San Juan Capistrano, California 92675
Re: Agreement to do corrective work resulting
from storm damage - riaht of entry upon Dropert
Dear Mr. Hartigan:
Enclosed for your file is a fully -executed copy of the
Agreement between yourself and the City of San Juan Capistrano
which grants to the City the right, license and permission to enter
upon your property to undertake and accomplish restorative and
corrective repair resulting from storm damage.
Thank you for your cooperation.
Very truly yours,
(MRS) MARY ANN HANOVER
City Clerk
MAH/cd
Enclosure
cc: Director of Public Works
Bill Becker, Public Works
32400PASEO ADELANTO
SAN JUAN CAPISTRANO. CALIFORNIA 92675
'PHONE 493-1171
September 18, 1978
Mr. Frank J. Hartigan
32351 Del Obispo Street
San Juan Capistrano, CA 92675
Re: Right of Entry: Assessor's Parcel No. 673-061-10
Dear Mr. Hartigan:
In order to proceed with corrective work on the failed slope
in the public right of way adjacent to your property, we are
requesting you to sign a Right of Entry document. To expedite
commencement of this project, you are requested to come to City
Hall for authorization of the subject document, preferably
before 5 p.m. on Wednesday, September 20, 1978.
There is no cost to you for this restoration project. This
area is now a hazard to school children, and we would appreciate
your support. Upon arrival, please contact the City Clerk's
Office at City Hall.
Sincerely,
CITY OF/SAN JUAN CAPISTRANO
W. P. Becker
Administrative Aide
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cc: City Clerk's Office