06-1009_S AND S SEED CORPORATION_Entry PermitISSUED TO:
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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
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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
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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.
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(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.
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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
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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
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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.
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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.
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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
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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
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