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12-0816_BEARD TRUST, RONALD E._License AgreementRIGHT OF ENTRY LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE RONALD E. BEARD TRUST (Temporary Construction—City of San Juan Capistrano—Sun Ranch Drainage Improvements) THIS RIGHT OF ENTRY LICENSE AGREEMENT ("Agreement") is made and entered into this _U qday of + 2012 by and among the RONALD E. BEARD TRUST ("Licensor"), and the CITY OF SAN JUAN CAPISTRANO ("Licensee'), a California municipal corporation. RECITALS A. Licensee intends to embark on a public construction project for drainage improvements along a public drainage easement adjacent to Licensor's property in the City of San Juan Capistrano, California, which includes the area more particularly depicted on Exhibit "A", attached hereto and incorporated herein by reference, (hereinafter referred to as the "Sun Ranch Drainage Improvement Area"). B. Licensor is the fee owner of the property depicted on Exhibit "B" attached hereto, Assessor Parcel No. 673-122-16, located at 25861 Paseo De Juanita, City of San Juan Capistrano, California, which is directly adjacent to the Sun Ranch Drainage Improvement Area (the "Subject Property"). C. In order to complete construction of the proposed improvements within the Sun Ranch Drainage Improvement Area, Licensee requires temporary construction access to that certain portion of the Subject Property, which is more particularly depicted on Exhibit "C," attached hereto and incorporated herein by reference (hereinafter referred 851347.1 1 to as the "Temporary Construction Area"), for ingress, egress, and other construction - related purposes associated with completing the proposed drainage improvements within the Sun Ranch Drainage Improvement Area. 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 drainage improvements within the Sun Ranch Drainage Improvement Area. 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 the contractor's employees, agents, material suppliers, subcontractors, and their employees, 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 drainage improvements within the Sun Ranch Drainage Improvement 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. 851347.1 2 3. TERM This Right of Entry shall be effective at 8:00 a.m. on August 1, 2012 and shall automatically terminate and expire thirty-five days of Licensee's recording of the notice of completion of the improvements. Licensee may not use the Temporary Construction Area for any other purpose or activity without obtaining Licensor's prior written consent. 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 satisfaction of Licensor, normal wear and tear excepted. 4. INDEMNIFICATION Licensee hereby agrees to indemnify, defend, assume all liability for, and hold harmless Licensor and its officers, directors, employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities or damages for personal or bodily injury (including death) or for violation of any law or regulation, which may be caused by Licensee's construction -related activities pursuant to this Right of Entry, whether such activities or performance thereof is by the Licensee or anyone directly or indirectly employed under contract with Licensee, and whether such damage or claim shall accrue or be discovered before or after the termination of this Right of Entry. 6. 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. NOTICES All notices to be given under the terms of this Agreement shall be given in writing 851347.1 3 and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Licensor to Licensee shall be addressed as follows: LICENSOR: LICENSEE: Attn: Ronald E. Beard 26861 Paseo De Juanita San Juan Capistrano, CA 92675 Attn.: Joe Mankawich City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 7. 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 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. 8. ENTIRE AGREEMENT This Agreement, together with any Exhibits attached hereto (which are incorporated herein by reference) fully expresses all understandings between the parties 851347.1 4 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. 9. 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. 10. CONTROLLING LAW AND VENUE 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. 11. 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 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. 851347.1 5 12. 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 Sun Ranch Drainage Improvement Project Area Exhibit "B" Depiction of Licensor's Property Location Exhibit "C" Depiction of Temporary Construction Area 13. 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] 851347.1 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. 0 D LICENSOR RONALD E. BEARD TRUST 21aWezvm &ZRonald E. Beard LICENSEE CITY OF SAN JUAN CAPISTRANO, a muni6oal coro'oNion APPROVED AS TO FORM: By: Omar Sa oval, ity Attor ey 851347.1 7 Manager EXHIBIT "A" P � 5 P h¢ C� Qy �0 8 P O 4P o j QP Qo a o**40 A �? CALLE RICARDCL O C Q �ri �P a d Ile cP0 P� 1'L'ctC! %%�• QE. a d Sr� SOF' <C((l a Q F PASEO F DE MANUEL PROJECT LOCATION Qo 00 pq�0� N I N.T.S. LOCATION MAP OF SUN RANCH DRAINAGE IMPROVEMENT PROJECT AREA EXHIBIT "B" T I � � 25@&i / \ ASEO DE JUANITA LEGEND GRADING DAYLIGHT CHAIN LINK FENCE PASEO DE JUANITA Of SUN RANCH DRAINAGE IMPROVEMENT PROJECT AREA TEMPORARY CONSTRUCTION FENCE O O 25861 PASEO DE JUANITA LICENSOR'S PROPERTY LOCATION PASEO DE MAN EL N I N.T.S. Sm EXHIBIT "C" 1� Desi N PASEO DE JUANITA m. �A• 30• EXISTING SAN JUAN CAPISTRANO PASEO DRAINAGE EASEMENT DE JUANITA AREA = 4,600 SF LEGEND - - GRADING DAYLIGHT CHAIN LINK FENCE TEMPORARY CONSTRUCTION FENCE �T EXISTING DRAINAGE EASEMENT ® l Y TEMPORARY CONSTRUCTION EASEMENT AREA 0 25861 PASEO DE JUANITA TEMPORARY CONSTRUCTION AREA N.T.S.