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13-0829_HARRIS, JERRY_ROE License AgreementRIGHT OF ENTRY LICENSE AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND JERRY HARRIS (Temporary Construction — CITY PAVEMENT REHABILITATION PROJECT (CIP 13015) THIS RIGHT OF ENTRY LICENSE AGREEMENT ("Agreement") is made and entered into this N day of , 2013 by and among the JERRY HARRIS ("Licensor"), a Delaware limited partnership, and the CITY OF SAN JUAN CAPISTRANO ("Licensee"), a California municipal corporation. RECITALS A. Licensee intends to embark on a public construction project for pavement rehabilitation improvements and road right-of-way improvements along certain portions of the intersection of Calle Jardin and Paseo Blanco 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 Calle Jardin and Paseo Blanco Intersection, City of San Juan Capistrano, California, (hereinafter referred to as the "Pavement Rehabilitation Project Area"). B. Licensor is the fee owner of the 33211 Paseo Blanco depicted on Exhibit "B" attached hereto, Assessor Parcel No. 668-191-14, located in the on the northwest corner of Paseo Blanco and Camino Capistrano, City of San Juan Capistrano, California, which is directly adjacent to the Pavement Rehabilitation Project Area (hereinafter referred to as the "Subject Property"). C. In order to complete construction of the proposed improvements within the Street Improvement Project Area, Licensee requires temporary construction access to that 1 O C� certain portion of the Subject Property, 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 proposed street and sidewalk improvements within the Pavement Rehabilitation Project 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 pavement, handicap ramp, and sidewalk improvements within the Pavement Rehabilitation Project 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 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 Pavement Rehabilitation 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 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 Pavement Rehabilitation Project Area Exhibit "B" Depiction of Pavement Rehabilitation Project Area and Licensor's Property Location Exhibit "C" Depiction of Temporary Construction Area 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] l•1 EG IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. ATTEST: APPR LICENSOR Jeri Harris, L�, a Delaware limited partnership / Jerry Harris LICEUSEE CITY OF SAN JUAN CAPISTRANO, a MU61Naal cQm6Ntion n, City Attorney 9 Eo EXHIBIT A Ee Exhibit A EXHIBIT B Page 1 of 1 or Exhibit B 45 it N CityGIS f' d copyright 02006 All Rights Reserand The information appy cohteixce herein is the by Digital Map Products, of the contributor supplied under license and may not be epprwetl except as, licensed by Digital Map Protlucts. http://maps.digitalmapcentral.com/production/citygWvO7_O3_001/index.p7.aspx 6/14/2013 EXHIBIT C STRIPING NOTES SCALES 1'!0' M' 10' 0 20' 10' OWNIC SCALE I %.ot%LLC JHI[UIIV a W U w W 8 m K b) W 2 J U CITY OF SANS JUAN CAPISTRANO ENGINEERING DIVISION IMPROVEMENT PLANS FOR CALLJA FROM PASEO PIN0 TTOSTSTA. 6400.00 BAN FROM CALLEAJA DIIN TOC CUL-0E—SAC vl �n/1ErMEn er: > tttrrttt� W tto � wa•rew A 1'I2 a.T A u TE _ 51Ks EET Exhibit C a ummt _ " 3 47 30 �I H1FL ..f• Tltlt Elf. VSpn1 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapissrano.org TRANSMITTAL TO: Jerry Harris 33211 Paseo Blanco San Juan Capistrano, CA 92675 DATE: September 10, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL RE: Right of Entry Agreement — City Pavement Rehabilitation Project (CIP 13015) Enclosed: SARI ALLEVATO ROY L. BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR (1) Original, Right of Entry Agreement for Temporary Construction related to City Pavement Rehabilitation Project (CIP 13015) If you have questions concerning the agreement, please contact Nisha Patel, Senior Civil Engineer at (949) 443-6350. Cc: Nisha Patel, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Primed on 100% recycled paper Christy Jakl From: Christy Jakl Sent: Wednesday, September 11, 2013 11:28 AM To: Nisha Patel Subject: Jerry Harris Right of Entry Agr Attachments: Harris, Jerry Right of Entry Agr.pdf Hi Nisha, For your records, attached is an executed copy of the Right of Entry Agreement with Jerry Harris. Thanks you! Christi Jakl, cmc Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949)493-1053 fax Please share your experience with the City by taking our Survey.