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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