RIGHT OF ENTRY AND ACCESS AGREEMENT
Voorhees Sewer Lift Station Improvements Project
1360 Voorhees Ave Frontage within City Right-of-Wav
THIS RIGHT OF ENTRY AND ACCESS AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS ("Right of Entry and Access" or "Agreement") is made and entered into as of (the "Effective Date"), by and between Scott Schumacher ("Licensor"), and the CITY OF MANHATTAN BEACH, a California municipal corporation ("Licensee").
RECITALS
WHEREAS, the City of Manhattan Beach is a municipal corporation located in Los Angeles County, State of California.
WHEREAS Licensor is the fee owner of the real property located at 1360 Voorhees Avenue in the City of Manhattan Beach, California, and identified as Los Angeles County Tax Assessor's Parcel Number (APN) 4168-003-037 ("Owner's Property") which parcel is depicted on Exhibit A attached hereto, and by this reference made a part of this Right of Entry and Access WHEREAS, Licensee is nearing completion of design upgrades to the existing Voorhees Wastewater Pump Station ("Project"). The Project involves rehabilitation of the existing sanitary sewer pump station including a new force main pipeline, wet well storage, submersible pumps, control instrumentation, and an emergency generator. The Project was prioritized for replacement by the Sewer Master Plan due to age, capacity improvements, and for system redundancy. This improvement will ensure the long-term reliability of the sewer pump station.
WHEREAS, Licensor driveway traverses the Licensee's Right-of-Way; and WHEREAS, Licensee desires to install certain improvements including but not limited sewer wet well storage inside the Licensee's Right-of-Way that are also under or within the Licensee's constructed driveway, as more particularly described and defined in Section 3 of this Agreement; and
WHEREAS, Licensee requires the right of entry upon and access to an approximate 1,100 square foot portion of the frontage (front lawn and driveway only) of the Owner's Property ("Access Area") for the purpose of undertaking the improvements for the Project; and WHEREAS, Licensor has agreed to grant to Licensee, and Licensee has agreed to accept from Licensor, a license (the "License") to enter upon the Property to install the Improvements in accordance with the terms and provisions of this Agreement; NOW, THEREFORE, for and in consideration of the foregoing, the mutual covenants and agreements contained herein, and other consideration, the sufficiency of which is hereby acknowledged. Licensor and Licensee hereby agree as follows:
G:\engineering\projects\s projects\s-264,Voorhees Sewer LSJ(-ehab\PrQp_erty ; Easement, R-0-WVRight ofEnTtyTc8esufAg7eement3^6o"rheTs~SewerlLiffsTationJd2"(f24 1 1. Access by Licensee. The owner hereby agrees to grant the Licensee and Licensee's employees, agents, contractors and consultants designated in writing by Licensee (herein collectively called "Licensee's Designees") the right, upon Licensor's review and written acceptance of the design and layout of the Improvements, to enter upon and access the access are of the Owner's Property for the purpose of conducting the Improvements at Licensee's expense.
Licensor grants the right and consents and agrees that the City Designees, without any demand for monetary or other consideration, have permission to enter the Access Area identified herein.
Property Owner does not hereby convey to the City any right, title or interest in or to the Owner's Property, but merely grants the specific rights and privileges herein set forth.
2. Term. The term of the License shall commence on the Effective Date and continue until the first to occur of (i) execution of a Declaration of Termination by Licensee and Licensor or (ii) the date that is 60 days from the Effective Date, unless extended by mutual agreement of Licensor and Licensee (the "Term"). Upon termination of this License, all rights and privileges derived therefrom, and all duties and obligations created or imposed by the terms hereof for the benefit of or as a burden upon any parcel of property, shall terminate and thereafter cease to exist.
3.Improvements.
A. The improvements consist of the comer of a sewer wet well within the Licensee's Right-of-Way inside the Licensor's driveway ("Improvements"). The portion of the wet well will be below grade post installment.
B.Additional work required by the Licensor is as follows:
1. Returning the graded area as close as possible to the condition of said area prior to construction of the Improvements.
2. Contractor shall remove any and all trash and/or debris placed on the Owner's Property by the Contractor prior to the termination of this Right of Entry and, where possible, return Property to Owner in a condition similar to the condition as it was originally, with the exceptions as described herein describing required changes to landscaping, vegetation, and trees.
3. Install vegetation (lawn and ground cover) to replace, in kind, any vegetation removed or damaged on Licensor's property during the construction.
4. Remove one (1) tree within the Licensee Right-of-Way adjacent to the Licensor's driveway and replace with 36" box tree to be placed or planted on the Licensor's Property at Licensor's discretion. If Licensor does not want a tree replacement within Licensor's property lines, the City will plant the tree elsewhere in the City.
G:\engineenng\projects\s projects\s-264.Voorhees Sewer LSJ?-ehab\Pn)Rerty ; Easement, R-0-W\Right ofEntry Access Agreement_Voorhees Sewer Lift Station_d2024a430.DOCX 2 5. Remove hedging along the Licensee Right-of-Way boundary with the Licensor's property. Licensee's contractor will provide landscape plan drawings to be reviewed by Licensee and Licensor replace the privacy screening with hedging between the two properties.
6. Contractor shall provide a chain link fence with 100% solid polyvinyl chloride fence screening material in the color green between the construction area and the Licensor's property at all times. Contractor shall provide space on the fence in a visible location from the street for Licensor to hang sign notifying external parties of address and access to house for deliveries.
as Exhibit B.
C. The conceptual drawing for the proposed Improvements is attached hereto
4. Licensee Indemnity. Licensee shall, at its expense, protect, defend, indemnify and hold Licensor harmless from and against any and all losses, costs, expenses (including reasonable attorneys' fees and court costs), claims, damages, liens and stop notices (collectively, the "Claims") arising out of or in connection with the construction of the Improvements.
5. Licensor Representations. Licensor represents and warrants that the person signing this Agreement has the authority to bind the Licensor. Licensor expressly represents and warrants that fee simple title to the Property is vested solely in Licensor. Licensor will indemnify, defend and hold harmless City, and its elected and appointed councilmembers, officials, officers, boards, commissions, consultants, agents, employees, and attorneys from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, disbursements and court costs) of every kind and nature whatsoever brought by any other party that claims an interest or right to possession of any portion of the Access Area.
6. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California.
7. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument.
8. Survival. The obligations of Licensor and Licensee under Section 3 shall survive the expiration or any earlier termination of this Agreement. This Agreement shall also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties to the Agreement. Licensor shall have responsibility to provide notice of this Agreement to any such parties.
9. Amendments. Any amendments to this Agreement will be effective only when duly executed by Licensor and Licensee.
G:\engineering\Projec.ts\S Prqjects\S-264.VoorheeS SeWCT LS^RehabYProgerty ; Easement, R-0-W\Right ofEnT^Tc8esTAgVeementlVo'o"rheTs^Se"werlLiffStati(^^^^ 3 10. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this AGREEMENT did not contain the particular part, term or provision held to be invalid.
11. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, by reputable overnight carrier service or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. Licensor and Licensee will address such notices as provided below or as may be amended by written notice:
Scott Schumacher
1360 Voorhees Avenue
Manhattan Beach CA 902666-6924
City of Manhattan Beach
Bruce Moe
1400 Highland Avenue
Manhattan Beach CA 90266
[SIGNATURE PAGE FOLLOWS}
G:\engineering\Projects\S Projects\S-264^VoprheeS SeWCT LSJRehab\PrQEerty ; Easement, R-0-WVRight ofEntry Access Agreement_Voorhees Sewer Lift Station_d2024( 4 IN WITNESS WHEREOF, Licensor Owner and Licensee City have caused this Agreement to be executed and sealed, all the day and year first written above.
CITY (Licensee):
CITY OF MANHATTAN BEACH
a municipal corporation
OWNER (Licensor):
SCOTT SCHUMACHER
By:
Print Name:
Title:^a^
By:.
Print Name: ^
Title:
G:\engineering\Projects\S Projects\S-264,VoorheeS SeWCT LS^Rehab\PrQEerty ; Easement, R-0-W\Right of Entry Access Agreement_Voorhees Sewer Lift Station_d2024CT430.DOCX 5 CALIFORNIA ACKNOWLEDGMENTCIVIL CODE § 1189
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
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who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 I
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i MARTHA ANGELA ALVAREZ
Notary Public - California
Los Angeies County
Commission #2335019
MyComm. Expires Oct 8, 2024
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I certify under PENALTY, OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
P/oce Notary Seal and/or Stamp Above
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Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:Number ofPages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Corporate Officer - Title(s):
D Partner - D Limited a General
D Individual D Attorney in Fact
D Trustee D Guardian or Conservator
D Other:
Signer is Representing:
Signer's Name:
a Corporate Officer - Title(s):
D Partner - D Limited a General
a Individual D Attorney in Fact
a Trustee D Guardian or Conservator
a Other:
Signer is Representing:
©2019 National Notary Association
EXHIBIT "A"
DEPICTION OF THE PROPERTY
PROPERTY ADDRESS: 1360 VOORHEES AVE, MANHATTAN BEACH CA APN: 4168003037
Legal Description: LOT 55 OF TR=16875 AND THAT POR OF LOT 10 IN SEC 30 T 3S R 14W ss
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EXHIBIT "B"
DESCRIPTION OF THE WORK
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The scope of work within driveway or abutting properties include:
1. Construction of wet well within City' s Right-of-Way with a comer portion within the property driveway that traverses City's Right-of-Way. Partial access to driveway will be blocked as contractor completes the work. Wet well corner will be below ground and driveway to be restored.
2. Tree removal within City's Right-of-Way at proposed wet well corner to be removed by Contractor. Replacement to be addressed and reviewed with property owner. Property owner to remove any non-City property from tree prior to removal (i.e. house address sign). Any disturbed area will be restored by Contractor.
3. Vegetation and hedge removal abutting the two properties to be removed by Contractor.
Contractor to provide landscaping plans and property owner to review with the City the abutting property landscaping for privacy.
4. During the above scope of work the Contractor may incidentally traverse the frontage of the property lawn area and driveway.
G:\engineering\Projects\S Projects\S-264 Voorhees Sewer LS Rehab\Property - Easement, R-0-W\Right of Entry Access Agreement_Voorhees Sewer Lift Station d20240430.DOCX