HomeMy WebLinkAboutC-9694-1 - Temporary Right of Entry for Construction of Storm Drain Improvements (for 1100 Goldenrod Avenue)TEMPORARY RIGHT OF ENTRY FOR
CONSTRUCTION OF STORM DRAIN IMPROVEMENTS
(1100 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
Michael Rose and Sharon R. Rose ("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 1100 Goldenrod Avenue, Corona
Del Mar, California, 92625 and legally described as Lot 63 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 458-682-12 ("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 (the "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 Ri4ht of Ent
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.
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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.
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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.
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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: T7 / J/N
CITY OF NEWPORT BEACH,
a Californi municipal corporation
Date: L4 120 Z t4
By: By:
Air n C. Harp " .titi Gr . Leung
Cif, Attorney Ci anager
ATTEST:
Date:
By: �.., 771-
for L ila�own
City Clerk
Attachments:
GRANTOR: MICHAEL ROSE AND
SHARON R. ROSE
Date:�_
By:
Michael Rose
Owner l
Date: J ��
By: ��''
Sharon R. Rose
Owner
Exhibit A — Depiction of Construction Area
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