HomeMy WebLinkAboutSOUTHERN CALIFORNIA GAS COMPANY (3)�a -011.4 2014
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Kenny Nguyen
No Easement on Property
This Temporary Right of Entry Agreement ( "Agreement ") is dated as of this 24th day of July 2014 and is
made by and between Southern California Gas Company ( "The Gas Company "), a California
corporation, and City of Santa Ana, ( "Owner "), the legal owner of the property identified herein.
The Property -The Owner is the legal owner of that certain real property located in the City of Santa
Ana, County of Orange, California, more specifically identified as A.P.N. 398 - 453 -08 and 398 - 453 -05
(the "Property ").
Temporary Workspace and Work -The Gas Company requests the right to construct any and all
related above and below ground pipes, valves, fences and appurtenances and the right to bring and
store temporarily any and all necessary vehicles, materials and other construction equipment and
stockpile on the Temporary Workspace (all of which is hereafter referred to as "Work "). The Gas
Company requests the right to perform the Work within an area of approximately 29,897 square feet.
This area is referred to hereafter (individually and collectively) as "Temporary Workspace
Owner's Consent -Owner grants The Gas Company (including its subcontractors) permission to enter
and use the Temporary Workspace for purposes of performing the Work. Work may be conducted by
The Gas Company or by its subcontractors during the days and hours permitted by the local governing
agency or any applicable permit. If any conflict arises between Work and any other uses of the
Property, then The Gas Company and Owner shall work together diligently and in good faith to resolve
any such conflicts.
Payment and Time Period -After The Gas Company has received this executed Agreement, and the
completed IRS W9 form, The Gas Company shall pay Owner a total $4,700 for the Basic Term of
the Agreement, which payment shall be sent by The Gas Company's accounting department. The Gas
Company (including its subcontractors) shall have access to and use of the Temporary Workspace
from on or about August 4, 2014 to on or about September 21, 2014 where work will be performed
Monday - Friday from 9am -5am ( "Basic Term "). In the unlikely event The Gas Company needs extra
time on the Temporary Workspace, Owner agrees that The Gas Company may have additional monthly
periods for the sum of $4,700 per month (or portion thereof).
Restoration -At the completion of the Work, The Gas Company (including through its subcontractors)
will restore the Temporary Workspace to as near to its original condition and appearance as is
reasonably possible.
Indemnification- The Gas Company will indemnify the Owner for any liability arising out of The Gas
Company's (or its subcontractor's) Work or use of the Temporary Workspace, except to the extent such
liability is due to the Owner's negligence or willful misconduct.
Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to
the Work and The Gas Company's entry onto the Property. Any prior agreements, promises,
negotiations or representations not expressly set forth herein are of no force and effect.
Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force and
effect.
THE —No Easement on Property
Reviewed by Legal Dept. Andrew Cheung 12131/2009
-t -
No Waiver. A waiver or a breach of a covenant or provision of this Agreement shall not be deemed a
waiver of any other covenant or provision in this Agreement and no waiver shall be valid unless in
writing and executed by the waiving party.
Governing Law. This Agreement shall be governed and construed in accordance with the laws of the
State of California.
Recordation -This Agreement shall not be recorded. However, the Owner agrees that upon any
transfer of title involving the Property during the period of the Agreement, the Owner shall give written
notice of the Agreement to the new owner or transferee and written notice of the transfer to The Gas
Company to the address below.
The parties have read this Agreement, understand it, and agree to be bound by its terms as of the date
first set forth above.
Southern California Gas Company
Andrew I. Thompson
Land Services Manager
For Southern California Gas Company
555 W. 5th St. GT221A, Los Angeles, CA 90013 -1011
THE —No Easement on Property
Reviewed by Legal Dept. Andrew Cheung 12131/2009
City of Santa Ana
Signature David Cavazo
City Manager
City of Santa Ana
_6 nw�
ISh_ MARIA .HUIZAR
CLERK OF THE COUNCIL
-2-
N- 2014 -143
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PLAT MAP
CITY OF SANTA ANA
TO:
Ir.1011T,
COTC PROCESSING FORM
Agreements / Amendments / De"§ ocl 13 AM R
CITY OF
CLERK OF coutCIL
CLERK OF THE COUNCIL OFFICE
DEPT.: Design/PWA
MAIL STOP: M36
PROJECT MANAGER: Kennv Nauven EXT.: 5632
AGREEMENT NUMBER (if amendment): A / N
AMENDMENT NUMBER (if applicable): ❑ 1 ST ❑ 2ND 0 3RD
NAME OF CONSULTANT I PARTY: The Gas Company Temp Right of Entry Agreement
I $y' 9d
AMOUNT: ❑ * OVER $25,000 —(A) ❑ *UP TO $25,000 - (N) IN", ! � 'I" ex"'eds $y'
rill to a Fiscal yi"ar' zhmn you wifl need w 0"Aam C'ound
App;ova6'
1) NO, approved by womrd
❑ 21 AlpmovCT", by council'
COUNCIL APPROVAL DATE:
TERM OF AGREEMENT- EFFECTIVEDATE:
8/4/14
ITEM #:
TERMINATION DATE,
SIGNATURES REQUIRED: 17-1 VENDOR Q AGENCY
❑ CITY ATTORNEY ❑ OTHER
9/21114
(INSURANCE APPROVAL REQUIRED BY GAO PRIOR TO SUBMITTING SUBMITTING TO COTC)
INSURANCE REQUIRED: [] YES 0 NO (Provide City Attorney Office approval)
❑ AUTO ❑ CGL (Commercial General Liability)
❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION
COMMENTS: Please call Marilyn Boothe for pickup of a copy, Thank you. X5013
* Charter amendment effective December 21, 2006 for City Manager contract authority increase; NS-2717
:IAgreementfform - AGREEMENT PROCESSING FORM—canary.doo
Revjsedt 111712012