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Home My WebLink AboutC-9693-1 - Temporary Right of Entry for Construction of Storm Drain Improvements (for 1106 Goldenrod Avenue)TEMPORARY RIGHT OF ENTRY FOR CONSTRUCTION OF STORM DRAIN IMPROVEMENTS (1106 GOLDENROD AVENUE) This Temporary Right of Entry for Construction of Storm Drain Improvements ("Agreement") is made this 15th day of July 2024 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and charter city ("City") and Lawrence S. Dorn and Heidi Y. Eddy -Dorn ("Owner"). RECITALS A. City is a California municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. Owner is the vested owner of property located at 1106 Goldenrod Avenue, Corona Del Mar, California, 92625 and legally described as Lot 64 of Tract 2202 in the City of Newport Beach, as shown on a map recorded in Book 123, Pages 22 through 26 inclusively, of Miscellaneous Maps in the office of the County Recorder of Orange County, County Assessor's Parcel Number 458-682-11 ("Property"). C. City desires to secure a right of entry over the Property for the purpose of demolition, removal, installation, repair and maintenance of storm drain improvements adjacent to the Property ("Work"). D. Owner desires to permit City to enter upon, pass and re -pass on, over, under, and across that portion of the Property as depicted in Exhibit "A," attached hereto and incorporated herein by this reference ("Construction Area"), for the purpose of performing the Work under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Temporary Right of Entry. Owner hereby grants to City a non-exclusive, temporary, right of entry on, over, under and across the Construction Area for the purpose of performing the Work, including allowing the storage, presence and accommodation of equipment, materials and workers necessary therefor. A. Owner agrees City has the right to enter the Construction Area from 7:00 a.m. to 5:00 p.m., Monday through Friday, for the purpose of performing the Work. Right of Entry 1106 Goldenrod Avenue B. City shall advise Owner of the date of commencement of the Work not less than seventy-two (72) hours prior to actual commencement of the Work. C. Prior to commencement of the Work, City shall make available to Owner upon reasonable request the names .and telephone numbers of each contractor or subcontractor who will be performing Work. D. Owner agrees and is responsible for notifying all tenants of all information regarding this Agreement for entry onto the Property. 2. Insurance. City shall require each of its contractors to obtain and continue to maintain during the performance of the Work on the Property commercial general liability insurance and auto insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate, or sufficient liability coverage as determined by the City, to provide coverage against any claim arising from the death of or injury to persons or from property damage caused by each such contractor or any of its agents or representatives. 3. City's Duty to Indemnify Owner. City hereby agrees to defend, indemnify and hold harmless Owner from any and all loss, damage, liability, claims, suits, costs and expenses, including reasonable attorneys' fees ("Claims"), arising out of the performance of the Work. 4. Leins. City shall keep Owner's Property free and clear of mechanics' liens or any other liens resulting from the Work performed by or on behalf of City within or from the area of the Construction Area. 5. Damage. Should any part of Owner's Property or the improvements thereon, including buildings, driveways, walkways, curbs, sidewalks, irrigation systems, fences, walls, lawn areas, trees, or other landscaping or similar areas become damaged by City, its contractors or agents during performance of the Work, City shall repair and restore such improvements, at City's expense, to an equivalent condition as existed prior to such damage. At no cost to City, Owner additionally grants permission to City and its contractors and agents to enter upon the Property for the purpose of restoring, repairing, or conforming such improvements on the Property as contemplated in this Section. Right of Entry 1106 Goldenrod Avenue 2 6. Standard Provisions. 1.1 Recitals. The parties acknowledge that the above recitals are true and correct and are hereby incorporated by reference into this Agreement. 1.2 Further Assurances. Each party hereto covenants and agrees that they will execute such other and further documents and take such other and further actions as may be reasonably necessary to effect this Agreement. 1.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 1.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 1.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 1.6 Amendments. This Agreement may be modified or amended only by a written document executed by both parties and approved as to form by the City Attorney. 1.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 1.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 1.9 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 1.10 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Right of Entry 1106 Goldenrod Avenue 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_ ABy: -A t ron C. Harp 11�1 Cify Attorney ATTEST: Date: S/Is/ 7--a 2- By: Foy Le' ani r Brown City Clerk .,VILP-0 1 CITY OF NEWPORT BEACH, a California municipal corporation Date: 8 % / q1 2a Z� By: G Vanager ung I t GRANTOR: LAWRENCE S. DORN AND HEIDI Y. EDDY-DORN Date: By: Lawrence S. Dorn Owner Date: 7 z - z Heidi Y. Eddy -Dorn Owner Attachments: Exhibit A - Depiction of Construction Area Right of Entry 1106 Goldenrod Avenue 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 012{�ti1C` )Ss. On 20Z-+ before me, Notary Public, personally appeared p-�tiC-'5: Qo who proved to me on the basis of satisfactory evidence to be the person(j) whose name(d) is/ark subscribed to the within instrument and acknowledged to me that he/sh(e/th6y executed the same in his/he(r/thdir authorized capacity(ie�), and that by his/her/th6ir signatures( on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SHANE JOHNSON W TNESS my hand and official seal. W ' Notary Public California z i Orange County n ` Commission R 2351786 My Comm. Expires Mar 16, 2025 Sig na ure ' seaN` ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of L—M�t-\'dc—:5� } ss. II On 1 , 20'—)-4- before me, V Notary Public, personally appeared \SD\ \--e.—'U�6ZAJ , proved to me on the basis of satisfactory evidence to be the person() whose name($) is/aP6 subscribed to the within instrument and acknowledged to me that Wshe/thefy executed the same in hid/her/the(r authorized capacity(i0s), and that by hid/her/their signatures(5?) on the instrument the person(s�), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WINESS hand and o al seal. Sign e SHANEJOHNSON �y �i Notary Public -California F - Orange County ='e Commission R 2351786 My Comm. Expires Mar 16, 2025 P (seal) Right of Entry 1106 Goldenrod Avenue 5 EXHIBIT A DEPICTION OF CONSTRUCTION AREA Right of Entry 1106 Goldenrod Avenue A-1 Exhibit