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
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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]
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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
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EXHIBIT A
Ee
Exhibit A
EXHIBIT B
Page 1 of 1
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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
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CITY OF SANS JUAN CAPISTRANO
ENGINEERING DIVISION
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Exhibit C a ummt _ " 3 47 30
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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
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