RIGHT OF ENTRY AND ACCESS AGREEMENT
Aviation Boulevard Sidewalk Gap Project No . P-924
THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is made and entered into as of _____ ____ _ (the "Effective Date"), by' RECREATIONAL EQUIPMENT INC, a Washington company ("Licensor"), and the CITY OF MANHATTAN BEACH ("Licensee").
WITNESSETH :
WHEREAS, Licensor owns that certain property in the City of Manhattan Beach as described on Exhibit "A" attached hereto (the "Property"); and
WHEREAS, concurrently herewith, Licensor has granted Licensee a Pedestrian Access Easement; WHEREAS, Licensee desires to install certain improvements ("Improvements") on the Property for the Pedestrian Access Easement, as more particularly described herein; and WHEREAS, Licensee needs the right of entry upon and access to the portion of the Property as outlined on Exhibit "B" (the "License Area") and called out as Temporary Construction Easement in Exhibit "D", for the purpose of undertaking the Improvements; WHEREAS, Licensor has agreed to grant to Licensee, and Licensee has agreed to accept from Licensor, a license (the "License") to enter upon the portion of the Property as outlined on Exhibit B to install the Improvements for the Pedestrian Access Easement in accordance with the terms and provisions of this Agreement; and
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:
1. Access by Licensee. Licensee and Licensee's employees, agents, contractors and consultants designated in writing by Licensee (herein collectively called "Licensee's Designees") shall have the right to enter upon that portion of the Property as outlined on Exhibit B attached hereto, for the purpose of constructing the Improvements at Licensee's expense.
2. Term. The term of the License shall commence on the Effective Date and continue (i) until terminated automatically with no further notice to Licensee on December 31, 2026, if Licensee does not commence construction of the Improvements on or before December 31, 2026, (ii) upon completion of the construction of the Improvements in accordance with the terms and conditions of this Agreement.
No termination of the License shall release Licensee from any obligations or liabilities which arise hereunder prior to the date of such termination. Upon request, Licensee shall confirm in writing with Licensor the termination of this Agreement.
1 3. Improvements.
A. The Improvements consist generally of sidewalk and related improvements such as: (1) clearing and grubbing of landscaping, tree removal, irrigation systems, and other materials; (2) demolition and removal of existing curb, gutter, gross gutter, and driveway approach;; (3) forming and construction of new sidewalk, ADA ramps, and associated curb and gutter; ( 4) forming and construction of new driveway approach, cross gutter and associated asphalt paving; (5) demolition and re-construction of concrete channel; (6) relocation and/or grade readjustment of existing utilities; and (7) painting curb and are more specifically shown on the final plans approved by Licensor. A conceptual drawing of the Improvements by RICK Engineering Company is attached hereto as Exhibit "C". Upon completion of the Improvements, the City Engineer shall certify in writing to Licensor that the Improvements have been constructed in accordance with the approved final plans, and that the Improvements were designed and constructed in accordance with all applicable laws, statutes, codes, rules and/or regulations of any governmental entity or agency having jurisdiction over such matters ("Applicable Laws"), including without limitation current requirements of ADA or any other accessibility laws.
B. Prior to commencing the Improvements and additional work, Licensee shall advise Licensor of the estimated length of time to complete the Improvements and once commenced, Licensee shall proceed continuously and diligently to complete the Improvements and the additional work within the estimated time frame.
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 against Licensor or the Property (collectively, the "Claims") arising out of or in connection with the design, construction and/or installation of the Improvements or additional work by Licensee, or nonobservance or nonperformance by Licensee of any Applicable Laws relating to this License or Licensee's obligations hereunder, or any negligence or willful act or failure to act by Licensee with respect to the design, construction and/or installation of the Improvements and/or additional work and/or this License, except to the extent caused by the negligence or willful misconduct of Licensor, or its members, employees, agents, contractors, or invitees. This indemnity shall survive any termination of this Agreement.
5. Entire Agreement. This Agreement is the entire agreement between the Licensor and Licensee with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This Agreement may be amended only by an agreement in writing signed by all parties herein.
6. Jointly Drafted Agreement. In executing this Agreement, each party acknowledges that it had the opportunity to consult with and to receive the advice and counsel of an attorney duly admitted to practice in the State of California, and each party further acknowledges that it has executed this Agreement after independent investigation, of its own free choice and will, and without fraud, duress or undue influence. The terms of this Agreement have been completely read and explained by such attorneys, and such terms are fully understood and voluntarily accepted by each of the parties. All parties have cooperated in the drafting and preparation of this Agreement. Consequently, the interpretation of this Agreement shall not be construed against any party but rather shall be interpreted in accordance with its fair meaning as a whole.
7. Successors-in-Interest. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors in interest and assigns. 2 8. Licensor Representations. Licensor represents and warrants that the person signing this Agreement has the authority to bind the Licensor.
9. Governing Law. This Agreement shall be construed, enforced and interpreted m accordance with the laws of the State of California.
10. 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.
[SIGNATURES ON NEXT PAGE]
3 IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed and sealed, on the day and year first written above.
LICENSEE:
CITY OF MANHATTAN BEACH,
a municipal corporation
By: ------ - --- -
Print Name: ______ ___ _
Title: ___ ___ ___ __ _
LICENSOR:
RECREATIONAL EQUIPivIENT INC,
a Washington corporation
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By: . . ~
Prin~T- k:«:tt-
Title: ·D ( (2..£<:tf)e,.. > P-elt- t l:SrA!'n;:-
4 ACKNOWLEDGEMENTFORGRANTOR
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 No@ WfcJVrntt- )
COUNTY OF fu\lf-o,J
) ss.
)
On / O- 24- 2 ()zt/ before me, __JAwrJ kJwon , a Notary Public in and for the State of f-J tJt+k c....,,~, \'\1& , personally appeared Rober+ ,:. f-0,•h who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity as /),'re;JrJr1 p-wJ f:.sti!;te of RECREATIONAL EQUIPMENT, INC., a Washington corporation, and that by their signature on this instrument, the corporation upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of N m+-h 6x1.1lr,'l(), foregoing is true and correct.
Witness my hand and official seal.
------- -~--
Notary Public Signature
Printed Name: fk.t,,.e/ /+Jeo<,t.,
Residing at f;peullwto , M,ctt. 4,tol111.
My Commission Expires: 07·Jl- 2'1
(NOTARY SEAL)
that the
ACKNOWLEDGEMENT FOR GRANTEE
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 ______ � SS
On __________ before me, ---------------� Notary Public, personally appeared ________________ 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
Witness my hand and official seal.
(SEAL)
(Signature)
[NOTARY ACKNOWLEDGEMENT CONTINUED ON FOLLOWING PAGE]
)
EXIDBIT"A"
DESCRIPTION OF THE PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF MANHATTAN BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
ASSESSOR'S PARCEL NUMBER: 4138-017-016
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EXHIBIT "B"
LICENSE AREA
______ R~SECRANSAV ENUE _-POC~ SHEET 1 OF 1
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DIRECTION LENGTH
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I~ 39•49· 2i ' '1V 19.00 '
N o·oa· 7' E 8.22 '
N a3•,n- 54 • E 6.19'
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N o·oa· 1r E 46.04 '
s s9•51·43• E 15.44 '
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EXHIBIT "C"
CONCEPTUAL DRAWING - IMPROVEMENTS
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EXHIBIT "D"
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION AND PLAT
A portion of the North Half of the Northeast Quarter of the Northeast Quarter of Section 19, Township 3 South. Range 14 West. in the Rancho Sausal Redondo in the City of Manhattan Beach. County of Los Angeles. State of California, as shown on the partition map showing property formerly of the Redondo Land Company, filed on September 3,' 1897, as recorders filed Map No. 140, in the Office of the County Recorder of said County said portion more particularly described as follows:
COMMENCING at the centerline intersection of Rosecrans Avenue and Aviation Boulevard as shown on Parcel Map No. 24240, as filed in Book 269, Pages 62 through 64, inclusive, of Parcel Maps, in the Office of the County Recorder of said County; THENCE along the centerline of said Aviation Boulevard. South 00°08'17" West, a distance of 660.96 feet;
THENCE North 89°49'21'' West, a distance of 44.00 feet to the Northeasterly corner of Parcel 3 as shown on said Parcel Map No. 24240, said point being the Southeasterly corner of a Right of Way Dedication recorded • as Instrument No. ______ . Official Records of said County;
THENCE along the Northerly line of said Parcel 3 and the Southerly line of said Right of Way Dedication. North 89°49'21" West, a distance of 12.00 feet to the TRUE POINT OF BEGINNING;
THENCE continuing along the Northerly line of said Parcel 3, North 89° 49'21" West. a distance of 19.00 feet'
THENCE North 00°08'17" East. a distance of 18.22 feet;
THENCE North 83°43'54" East, a distance of 6.19 feet:
THENCE North 11 °20'49" West, a distance of 18.00 feet; THENCE North 00"08i17" East. a distance of 46.04 feet;
THENCE South 89°51'43" East. a distance of 15.44 feet;
THENCE North 06°19'54" East. a distance of 27.81 feet;
THENCE South 89°03'22" East. a distance of 7.80 feet to a point on the Westerly line of said Right of Way Dedication;
D-1
THENCE along the Westerly line of said Right of Way Dedication the following 4 courses:
1. THENCE South 15°57'45" West. a distance of 28.62 feet:
2. THENCE South 00°08'17" West. a distance of 73.16 feet;
3. THENCE South 00"08'17'' West. a distance of 73.16 feet;
4. THENCE South 14"08'07'' West, a distance of 8.27 feet
5. THENCE South 00°08'17" West, a distance of 1.41 feet to the TRUE POINT OF BEGINNING;
Containing 0.038 acres, 1676 square feet more or less.
This description was prepared by me or under my direction .
EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
The Basis of Bearings for this description is the California State Plane Coordinate System (CCS83), Zone 5, North American Datum 1983, constrained to Continuously Operating Reference Stations (CORS) P799 and P800, on the 2017.50 epoch.
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LINE TABLE
DIRECTION LENGTH
_,. ____ . __________ -- -- --··'" N 59•49·21• W 19.00' N o•oa·11· E 18.22 '
N 53•43•54• E 6.19'
N 11"20'49' W 18.00'
N o·oa·11· E 46.04'
S 89°51'43" E 15.44'
N 5•19•54• E 27 .81'
S 89°03'22" E 7.80'
S 15°57' 45" W 28.62'
S 0°08'17' W 73.16'
s 14•oa·o1· w 8.27'
s o•oa· 11· w 1.41 '
N 59•49•21• W 12.00'
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CITY OF MANHA TT AN BEACl-1
PUBLIC WORKS DEPARTMENT
80 TEMPORARY CONSTRUCTION EASEMENT
PROPERTY OF· RECREATIONAL
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