12-0928_MCINTYRE, DANIEL BRUCE & CAROL ANNE_ROE License AgreementRIGHT OF ENTRY
LICENSE AGREEMENT
BETWEEN THE
CITY OF SAN JUAN CAPISTRANO
AND
DANIEL BRUCE AND CAROL ANNE MCINTYRE
(Temporary Construction—City of San Juan Capistrano—Sun Ranch Drainage
Improvements)
THIS RIGHT OF ENTRY LICENSE AGREEMENT ("Agreement") is made and
entered into this _�q day of o5,e6
� ' `012 by and among DANIEL BRUCE AND
CAROL ANNE MCINTYRE ("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", which is 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. 673-122-01, located at 25762 Calle Ricardo, 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," which is attached hereto and incorporated herein by reference (hereinafter
831347.1 1
referred to as the "Temporary Construction Area"), for ingress and egress 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 and egress 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 and egress 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.
5551347.1 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 on March 31, 2013, the estimated date upon which
construction shall be completed. Licensee may not use the Temporary Construction
Area for any other purpose or activity without obtaining Licensor's prior written consent. .
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.
Licensee's indemnification obligations, as provided herein, shall survive the termination of
this Agreement.
If any action at law or in equity, or any motion or application is brought arising out
of or relating to the indemnification obligations contained in this Section 4, then the
prevailing party shall be entitled to all of its costs in bringing and prosecuting or
responding to and defending said action or motion, including, without limitation, its
reasonable attorneys' fees.
The General Contractor performing the work described in this Agreement shall
name Licensor as an additional named insured on its general liability insurance policy,
851347.1 3
with limits of no less than One Million Dollars ($1,000,000.00) per occurrence on a CGL
policy issued by an admitted carrier. No work shall be performed or permitted or access
granted until the All endorsement and underlying policy have been delivered.
5. CHANGE OF CIRCUMSTANCES
Each parry 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
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: Daniel Bruce and Carol Anne McIntyre
25762 Calle Ricardo
San Juan Capistrano, CA 92675
Attn.: Joe Mankawich
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
851347.1 4
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
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
831347.1 5
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.
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.
14. RESTORATION OF PROPERTY
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. Licensee and
the General Contractor shall restore all areas which have been accessed or worked on
851347,1 6
under this Agreement to its prior condition, and replace all landscaping with native plants
and foliage acceptable to Licensors. All plantings shall be provided with an automatic
operating irrigation system such that all plantings are properly established. The parties
agree that any invasive specifications will be removed, provided further that new
plantings will be of sufficient size and character to restore the area to its prior
appearance.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first written above.
LICENSOR
ANN
DANIEL BRUCE AND CAROL ANNE MCINTYRE
BV:: C
Daniel NkArityre
LICENSEE
CITY OF SAN JUAACAPISTRANO,
a mu cip I coroa atian _
a
APPROVED AS TO FORM:v
By:
Rutan & Tucke ity Attorney
831347.1 7
EXHIBIT "A"
LOCATION MAP OF
SUN RANCH DRAINAGE IMPROVEMENT PROJECT AREA
EXHIBIT "B"
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SUN RANCH DRAINAGE
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CHAIN UNK FENCE
TEMPORARY CONSTRUCTION FENCE -"
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25762 CAM RICARDO
LICENSOR'S PROPERTY LOCATION
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EXHIBIT "C"
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DRAINAGE EASEMENT
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TEMPORARY CONSTRUCTION FENCE —�
EXISTING DRAINAGE EASEMENT ® N
TEMPORARY CONSTRUCTION EASEMENT AREA
25762 CALLS RICARDO
TEMPORARY CONSTRUCTION AREA Wtl
32400 PASE.O AOELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 4931171
(94914931053 FAx
ICLc,c_�art(udnrlglt clrlutn.txg
TRANSMITTAL
TO:
Daniel Bruce and Carol Anne McIntyre
25762 Calle Ricardo
San Juan Capistrano, CA 92675
DATE: November 5, 2012
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
(AURA FREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: Right of Entry License Agreement — Temporary Construction — Sun Ranch Dedicated
Drainage Improvements
Enclosed for your records is a copy of the Right of Entry License Agreement, Temporary
Construction — Sun Ranch Dedicated Drainage Improvements and insurance documentation.
If you have questions concerning the agreement, please Joe Mankawich, Associate Engineer
at (949) 487-4313.
Cc: Joe Mankawich, Associate Engineer
Salt Juan 01pisti-emo: /'rescuing 11xc Past to Frtlram e the 1'lrtnrr
Christy Jakl
From: Christy Jakl
j Sent: Monday, November 05, 2012 10:20 AM
To: Joe Mankawich
Subject: Site Access Agreement (McIntyre)
Attachments: McIntyre Site Access Agr.pdf
Hi Joe,
Attached for your records is the Site Access License for McIntyre.
Thanks!
Chrisl-� Jakl
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949)493-1053 fax
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