09-0929_HATHAWAY , STEVEN P. / CARINA M._ROE License Agreement RIGHT OF ENTRY
LICENSE AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND
STEVEN P. HATHAWAY AND CARINA M. HATHAWAY
(Temporary Construction—Del Obispo Street Widening 40V North of Calle Aspero to
Aguacate)
THIS RIGHT OF ENTRY LICENSE AGREEMENT ("Agreement") is made and
entered into this G�'J day of J 2009 by and among STEVEN P.
HATHAWAY AND CARINA M. HATHAWAY ("Licensor"), husband and wife as
community property, and the CITY OF SAN JUAN CAPISTRANO ("Licensee"), a
California municipal corporation.
RECITALS
A. Licensee intends to embark on a public construction project for street
improvements on Del Obispo Street 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
Widening 400 feet North of Calle Aspero to Aguacate Road, City of San Juan Capistrano,
California, (hereinafter referred to as the "Street Improvement Project Area").
B. Licensor is the fee owner of the property depicted on Exhibit "B" attached
hereto, Assessor Parcel No. 649-082-020, located at 32011 Del Obispo Street, 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, Licensee
requires temporary construction access to that certain portion of the Subject Property,
1 (O
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
driveway and drainage improvements.
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 driveway, street and sidewalk
improvements.
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.
2
3. TERM q Gfp
This Right of Entry shall be effective at 8:00 a.m. on September/2009 and shall
automatically terminate and expire thirty-five days after Licensee's recording of the notice
of completion of the improvements. 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 reasonable satisfaction of
Licensor, normal wear and tear excepted. Licensee's personal driveway will be protected.
Construction of the private shared driveway will be constructed one half at a time. Each
half will be drivable after 48 hours. Improvements will be constructed as shown in Exhibit
C and D. Materials are as noted in Exhibit D.
4. RELEASE OF ALL CLAIMS
Licensee acknowledges that the driveway work is being completed at their request
and with their permission. They hereby waive any and all claims for compensation of any
type which they might otherwise be entitled to as a result of the city using this right of
entry agreement and installing the driveway improvement.
5. 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.
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
3
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
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
4
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
P Y
Exhibit "C" Depiction of Temporary Construction Area
Exhibit "Y Description of Improvements
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]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first written above.
LICENSOR
Steven P. Hathaway and Carina M. Hathaway,
husband and wife as community property
By:
S e/v'en P. a aw
By: It 1
Carina M. a haway
LICENSEE
CITY OF SAN JUAN CAPISTRANO,
a municipal corporation
By:
AES Inter City Manager
TT
B�
Cit rk
APPROVED AS T FORM:
By: QAA
City Attorn y
6
THE CITY OF
1 � 1 SAN JUAN CAPISTRANO
fi
A
r
�3rf,`r �' _dt��'i I L��- a 5—'.� yip e�'�•_
s
Del Obispo Street Widening
5 c ` from 400 ft North of Calle
a' ofy� Aspero to Aguacate Road
0 3000 6000 9000 Feet
NEER
EXHIBIT A
�3 1
.� Z4pm'"'
Alf
•' ' fir` �.
J 'fi
•E ..
t
.a
� .
,1
4��n
n, s z a�Yf£gam �o L SI b LzzXS•y \4 y X Sl'yl ��\ o�LL \0L\ �4""'y\
j d ti v �L 6 ��
1y �z fo� YS'Ll z 0�Lx lol fez b<c q,aA
t
S` xp'S
%9'9L-- z L zx
4 �yy
ll
IfL
a"�L
�L4 b o�
•p' V
.
� 1 i
\ p
m
��k x
1k+ 65 E �'
u 17.13
Za
a
c 656 FS
n 1 6 48 FL (15 )
S'2
14+5615 X
M1
a 'R
• ll= o °
12661 FS
o 12652 FL 12.OR
O %
14+98. 5 8C
N 127.20 TIC
m
v
r
O + \CD
�a
rn
�
O Z
1 n2 gi
16
1 �n
m
656 F5`' 12. \
m 6 T8 FL
N
m14+ 6 5 d ti
�x
m 6(6
12 :_;
Z o 11
65 F
12.00% « x
Z 2 \ZL"2 Lxt
I
1,4M8. i5 BC, i d4s�o
127. JC
�J _n
EX. BRAIN INLET
—'--U APPURTENANCES NOT SHOWN AS A
2� SAWCUT & REMOVE EX. AC PAVEMENT PER PLAN (SEE EX. TYP SECTION ON SHT. 2)
Wm O° SAWCUT do REMOVE EX. CONCRETE CURB AND GUTTER PER PLAN.
1p NS 4 SAWCUT & EX. CONCRETE SIDEWALK PER PLAN.
® OONSTRUCI(�"CF PER PLAN.
p�,� CONSTRUCT W STANDARD CURB & GUTTER ON 6" THICK CRUSHED AGGREGATE BASE
PER DETAIL ON SHEET C.S.-IC. STD. PLAN 301 (TYPE "C-8
TO ").
@ CONSTRUCT 8" CF CURB TRANSITION.
IT. CONSTRUCT 4" AC OVER B" CMB PER SOILS REPORT RECOMMENDATIONS.
CONSTRUCT 6" AC OVER 18" CMB PER SOILS REPORT RECOMMENDATIONS.
l tJ
CONSTRUCT 6" OVER 6" CMR DRIVEWAY APPROACH PER SPPWC STD. PLAN 110-1.
s "9 CONSTRUCT LOCAL DEPRESSION PER C.S.J.C. STB. PLAN 360 AND DETAIL ON SHEET 2.
R/W �qu�c IF
ILU
CONSTRUCT CATCH BASIN PER SPPWC STM, PLAN 300-2.
B INSTALL 6" NOS ATRIUM GRATE No. 80 PER DETAIL ON SHEET 2
-0 1 w A Y 4 A m I INSTALL 4" PVC DRAIN PIPE PER DETAL ON SHEET 2.
Zm CORE DRILL & INSTALL DRAIN UNE PER DETAIL ON SHEET 2.
v ZQSo M N nmi N tO N ® CONSTRUCT CONCRETE DITCH PER CALTRANS STD B3-9 AND PER
7-4 --- s -
-� .-
BC 8'CF
'py('0. nCx��G 7 � ne.(f•�.� la'1 t�
CARVE TABLE
�QI CURVE LENGTH I RADIUS I DELTA I TAN LENGTH
A I 7.85' 500' I 90'00'00" 1 5.00'
DRIVEWAY. Ca-�. STA. 14+86:15
DRIVEWAY CONSTRUCTION DETAIL §
SCALE 1"=10'
CITY OF PAN JUAN CAPISTRANO
ENGINEERING DIVISION