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06-1009_S AND S SEED CORPORATION_Entry PermitISSUED TO: 0 0 ENTRY PERMIT Name: Robert Noll Address: _1211 Alta Vista Dr CitylZip: Vista, CA 92084 ATTENTION: Project Manager: _Jenny McGee Permission is hereby given to you (hereinafter referred to as Permittee) by the City of San Juan Capistrano (hereinafter City) to enter upon the property (the Property), subject to the following conditions: AREA: This Entry Permit (Permit) is limited to assessors parcel number 124-081-44 San Juan Capistrano, CA. 2. PURPOSE: The permission to enter issued hereunder is nonexclusive and is limited to the purposes of CSS Habitat Seed Collection only. 3. OPERATIVE HOURS: This Permit is limited to regular construction hours as defined by the San Juan Capistrano Municipal Code. 4. NUMBER OF PERSONS: This permit is limited to a maximum of 4 persons. TERM AND TERMINATION; SUSPENSION: This Permit may be terminated at any time without cause by City or this authorized representative by notice to any person on the property pursuant to this permit or by notice to Permittee at the above address. The notice of termination need not be in writing. In addition, City or its authorized representative may suspend some or all of Permittee's activities on the Property until Permittee have cured any breach hereunder. NO DUTY TO WARN: City has no duty to inspect the Property and no duty to warn Permittee or any person of any other latent or patent defect, condition or risk that might be incurred in entering the Property. Permittee has inspected or will inspect the Property and hereby accepts the condition of the Property as is. Permittee acknowledges that neither Permittee nor any employee, agent or representative of Permittee has made representations or warranties concerning the condition of the Page 1 of 5 0 0 Property. All persons entering the Property under this permit do so at their own risk. 7. RIGHTS AND RESPONSIBILITIES: Permittee's rights and responsibilities underthis Permit are and shall be subject to, and Permittee shall comply with and cause its employees, officers, consultants, agents, representatives and anyone entering under this Permit (collectively Permittee' s Representatives) to comply with the following: a) Personal Supervision. Each person entering upon the Property shall be considered at all times to be acting as an agent of Permittee and shall be continuously under the personal supervision and control of Permittee. b) Compliance with Standard Entry Conditions. Each person entering upon the Property under this Permit shall comply with the Standard Entry Conditions specified on Exhibit A. c) Damage to Property. Permittee shall be liable for and shall pay to City the cost of any damage of any kind whatsoever to fences, gates, trees and any other property of City, including loss of use thereof, arising from or in any way related to (1) the acts or omissions of Permittee or Permittee's Representatives, or (2) any breach by Permittee of any of its obligations underthis Permit, except forthe portion, if any, of any of the foregoing which are held by a court of competent jurisdiction to have been caused solely by the gross negligence or willful misconduct of City. Neither Permittee nor any of Permittee's Representatives shall remove any property of any type from the Property without the express prior written consent of City. d) Third Party Property Damage or Personal Injury. City and the other Indemnitiees (described below) shall not be liable for any damage of any kind whatsoever to any property belonging to or used by Permittee or any persons entering upon the Property under this Permit, including loss of use of any such property, or for any injury of any kind whatsoever to any person entering upon the Property under this Permit, arising from any cause whatsoever, and Permittee hereby waives all claims and demands relating thereto. e) Indemnification. Permittee agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Permittee arising out of or in connection with the work, operation or activities of Permittee, its agents, employees and subcontractors in carrying out its obligations under this Permit. f) Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. Comprehensive General Liability. Throughout the term of this Permit, Permittee shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum Page 2 of 5 0 0 amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. ii) Comprehensive Automobile Liability. Throughout the term of this Permit, Permittee shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period iii) Worker's Compensation. Permittee shall obtain and maintain, during the term of this Permit, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. iv) Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Permit, Permittee shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Permittee's general liability and umbrella liability policies using ISO form CG 2010 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Permit have been satisfied. v) Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. V) Duty to Disclose. Permittee shall give City immediate notice of: (1) Any violation or potential violation of any applicable governmental laws or regulations or other requirement of this Permit. Page 3 of 5 (1) Any violation or potential violation of any applicable governmental laws or regulations or other requirement of this Permit. (2) The discovery of any underground storage tanks, petroleum pipelines, abandoned or discarded hazardous materials or hazardous substances, historic contamination or other potential environmental hazard discovered on the Property not previously disclosed to Permittee by City. 8. ENTRY FEEIDEPOSIT. There shall be no monetary entry fee charged to Permittee for access to the Property. However Permittee agrees to provide the City with a total of at least 10% of lbs of collected CSS habitat seed for the City's use. 9. ASSIGNMENT. Permittee's rights under this Permit shall not be assigned, nor shall Permittee have the right to sublicense any part of the Property without the written consent of City. 10. ATTORNEY'S FEES. In the event of any legal action to enforce the rights or remedies of either party to this Permit, the prevailing party shall be entitled to recover its costs and expenses (including attorney's fees) of such action. 11. AUTHORIZATION TO SIGN: The person executing this Permit on behalf of Permittee represents and warrants that he/she is duly authorized to execute same and that Permittee is bound by the terms and conditions hereof. 12. MISCELLANEOUS. The obligations and liabilities of Permittee under this Permit shall survive the termination or expiration of this Permit, and shall not be affected by or diminished in any way by the existence (or lack thereof) of other entry permits or entry agreements covering all or a portion of the Property. All powers, rights or remedies of the parties to this Permit shall be cumulative with, and not exclusive of, any powers, rights or remedies otherwise available at law or in equity. 13. ENTIRE PERMIT. This Permit constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 14. EXPIRATION. This Permit will expire on September 30, 2007. Page 4 of 5 U n L IN WAESS WHEREOF, t e arties hereto have executed this Permit as of the �day of 06. CITY OF SAN JUAN CAPISTRANO Dave Adams, City Manager S and S Seed Corporation M ame of Project Coordinate bAe-47 /Va 1, APPROVED AS TO FORM: John R. S w, City Attorney ATTEST: MA G ET R. MONAHAN, CITY CLERK Page 5 of 5 0 0 EXHIBIT "A" STANDARD ENTRY CONDITIONS COPY OF PERMIT. Permittee must carry a copy of this Permit at all times while on the Property. 2. CONDITION OF PROPERTY. Permittee is advised that the Property is in not regularly maintained and, as with any unimproved land, certain risks exist. 3. PERMITTEE'S ACTIVITIES; COMPLIANCE WITH RULES. Permittee shall perform its activities on the Property in a safe manner and in accordance with ail applicable governmental and other laws, rules and regulations. 4. WORKING HOURS. Permittee shall comply with all applicable laws, ordinances, rules and regulations regarding approved working hours pertaining to its operations under this Permit. The restrictions on working hours apply to all operations of Permittee while on the Property. Unless otherwise provided in this permit, Permittee shall enter the Property only during normal working hours and during regular work days (Monday to Friday exclusive of weekends and holidays). 5. PROTECT FENCES; LOCK GATES. Permittee shall be allowed vehicular access through the Camino Las Ramblas gate only. Vehicular access shall be limited to one (1) pick-up truck. Permittee shall be responsible for locking gates entered after each access and shall secure all gates at the end of each working day. Permittee shall be responsible for protecting in place all fences and gates in the area of its entry on the Property. Permittee shall provide at least 24 hours notice to the City prior to accessing the Property. 6. COOPERATION. Permittee shall cooperate with all other contractors and other authorized personnel working within the Property (e.g. maintain through access, etc.) CONTROL OF INVITEES. Permittee shall control the activities of its invitees for the activities permitted under this Permit in order to prevent trespass by any invitees onto land adjacent to the Property. PERMITS. Permittee is responsible for obtaining all permits required to perform the activities permitted under this Permit. LIENS. Permittee shall not suffer or permit to be enforced against the Property, or any part thereof, any mechanic's, materialmen's, contractor's or subcontractors liens or any claim for damage arising from the work of any construction, excavation, survey, tests, grading, repair, restoration, replacement or improvement, or any other work, performed by Permittee or its Representatives but Permittee shall pay for or cause to be paid all of said liens, claims or demands before any action is brought to 8/29/06 \\CGI-RDC/\5000S\5510 (05-172) SUNCAL MARBLEHEAD\CORRf 6NDENCE\ENTRY PERMIT SEED COLLECTION - CONDITIONS[1].DOC 0 • enforce the same against the Property. Permittee expressly agrees to indemnify, defend or hold harmless, the Indemnitees and the Property free from all liabilities for any and all such liens, claims and demands, together with reasonable attorney's fees and all costs and expenses in connection therewith. Notwithstanding anything to the contrary set forth above, if Permittee shall in good faith contest the validity of an such lien, claim or demand, then Permittee shall, at its expense, defend itself and the Indemnitees against the same and shall pay and satisfy any adverse judgement that may be rendered thereon before any enforcement thereof against the Indemnitees or the Property, but only upon the condition that if Agency shall so require, Permittee shall procure and record or furnish Agency a surety bond or other acceptable security satisfactory to Agency in an amount at least equal to such contested lien, claim or demand indemnifying the Indemnitees against liability for the same, and holding the Property free from the effect of any such lien or claim. Agency reserves the right at any time and from time to time to post and maintain on the Property, or any portion thereof or improvement thereon, such notices of nonresponsibility or otherwise as may be necessary to protect the Indemnitees against liability for all such liens and claims. 10. NOISE. While on the property, Permittee shall comply with all applicable laws, ordinances, rules and regulations respecting sound control and noise levels, and shall be responsible for controlling noise arising from its operations under this Permit. 11. NUISANCE. Permittee shall conduct all activities under this permit in such a manner so that no public nuisance affecting persons or property on or in the vicinity of the Property results from Permittee's activities. Permittee is responsible for monitoring and controlling the activities of all Permittee Representatives and invitees on and in the vicinity of the Property so as to prevent any public nuisance from Permittee's activities. 12. REMOVAL OF MATERIALS; TRASH REMOVAL. Permittee shall remove all materials used by Permittee from the Property upon termination of this Permit. Permittee shall clean trash from the Property and surrounding areas during and after the activity permitted under this Permit so that the Property maintains a neat appearance at all times. 13. RESTORATION OF PROPERTY. Upon expiration or earlier termination of this Permit, Permittee shall clean the Property and restore the same to its original condition. All trenching, excavations and/or borings will be backfilled and certified to a minimum of 90% of relative compaction. If trenching, excavations or borings have been performed in connection with the activities of Permittee, Permittee shall provide a report ("Compaction Report") prepared by a licensed engineering firm confirming the restoration and relative compaction levels, which report notes the location and results of such compaction. The Compaction Report will be sent to Agency promptly after the expiration or earlier termination of this Permit. 14. FIRE PROTECTION. Permittee shall carry at all times, hand held fire extinguishers to minimize the potential for brush fires. 8/29/06 \\CGI-RDC7\5000S\5510 (05-172) SUNCAL MARBLEHEAD\CORRfS;ONDENCE\ENTRY PERMIT SEED COLLECTION - CONDITIONS[t].DOC 0 0 15. VEHICULAR ACCESS. Vehicular access shall be limited to the Camino Las Ramblas gate and shall be limited to one (1) pick-up truck. Vehicular access shall be limited to existing dirt roads. 16. OTHER QUESTIONS. If Permittee has any other questions with respect to this permit, Permittee should contact Agency at 949/443-6316. 8/29/08 \\CGI-RDC1\5000S\5510 (06-172) SUNCAL MARBLEHEAD\CORRESPONDENCE\ENTRY PERMIT SEED COLLECTION - CONDITIONS[i].DOC 007 Today's Date:T� • 9 CONTRACT TRANSMITTAL Transmittal Routing (Check All That Apply) ❑ City Attorney [✓]� City Mana r ity Clerk CIP No. (if any): All -or Project Manager's Last Name: SAZfrr,Gl7 Phone Extension: G i6G Council or CRA Meeting Date (if applicable): /l� APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair El City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Name(s) I Street City I St Zi S , 5 aywyw4n /2!/ X74 ✓l$lx Ait 0S7A- CA ?a OTHER INSTRUCTIONS: 047wi p&'-O"T' T co tet - 5 r- yd ors J friss "-- w 7p° e-)07-- 63" Form Date: 01-2004 D-7 r 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www sun/uancapistrano. org TRANSMITTAL TO S & S Seed Corporation 1211 Alta Vista Drive Vista, CA 92084 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Entry Permit — APN 124-081-44 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN A copy of the noted agreement is enclosed for your records. You may proceed with the terms of this agreement in coordination with the project manager, Peter Salgado, Senior Civil Engineer (949) 443-6366. Thank you, CC: Peter Salgado, Senior Civil Engineer John Elwell, Interim Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper