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Home My WebLink AboutORANGE COUNTY FLOOD CONTROL - 2016 26 206 MCSN-2016-110 u-60 CUIWZ co) Cmc ) Project: Santa Ana Gardens Channel Bikeway Portion of APN: 109-050-30 TEMPORARY RIGHT-OF-ENTRY PERMIT The CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter referred to as "GRANTOR") does hereby grant to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, (hereinafter referred to as "DISTRICT") a temporary right-of-entry ("Permit") for construction purposes in, over, and across the real property in the County of Orange, State of California, shown on Exhibit A attached hereto and by reference made a part hereof("Permit Area"), together with the right to excavate, fill or regrade said Permit Area for the purpose of removing and replacing fencing, to enter upon, to pass and repass over and along said Permit Area, to temporarily store excavated material, and to place and/or store tools, storage containers, implements and other construction related equipment and materials thereon by DISTRICT, its officers, agents and employees, and by persons under contract with it and their employees, whenever and wherever necessary for the purposes above set forth, GRANTOR and DISTRICT shall sometimes be referred to hereinafter individually as "Party" or collectively as "Parties." This grant is based upon the following facts: A. GRANTOR owns the real property located at 726 South Center Street, City of Santa Ana, County of Orange, State of California, identified as Assessor Parcel No. 109- 050-30 on the tax rolls of the Orange County Assessor(the"Property"), whereon said Permit Area is located. B. DISTRICT owns real property directly adjacent to the Permit Area currently improved with a flood control channel and channel maintenance road(together, the "Existing Maintenance Road"). • C. DISTRICT desires to make improvements to the Existing Maintenance Road with a paved Class 1 Bikeway("Bikeway") for public access and DISTRICT requires access to and use of the Permit Area for construction staging in order to complete the improvement. D. GRANTOR desires that DISTRICT make improvement to said Existing Maintenance Road and construct the Bikeway and, in consideration of the benefits to be derived by GRANTOR from the proposed improvements, GRANTOR desires to provide COUNTY with the requiredaccess to and use of the Permit Area to complete such improvements. July 13,2016 1 NOW THEREFORE, for and in consideration of the foregoing, it is understood and agreed by the Parties hereto, and their successors and assigns, the receipt and adequacy of which are hereby acknowledged, that this Permit is herein granted under the following terms and conditions: 1. GRANTOR has had its rights under Uniform Relocation Assistance and Real Property Acquisition Policies Act (Public Law 105-117), Chapter 16 of Division 7 of Title 1 of the Government Code, and Title 25, Chapter 6 of the California Code of Regulations, all as amended, explained. GRANTOR understands that it has the right to have the Permit Area appraised and receive full compensation based on an appraisal. However, GRANTOR, as an inducement to DISTRICT to undertake said improvements, has waived its right under the above- referenced laws to receive said compensation and has granted to DISTRICT free of charge the necessary right-of-way for access to and use of the Permit Area to make said improvements to the Existing Maintenance Road and construct the Bikeway. 2. The right-of-entry herein granted shall be for a period of three (3) months from the commencement of construction activities, and this Permit shall terminate the sooner to occur of: (i)the end of such three (3) month period or (ii) upon filing of a Notice of Completion. GRANTOR shall be given written notice by the Director of OC Public Works, or designee, as to the date DISTRICT requires access to and use of the Permit Area for commencement of construction. 3. Nothing in this Permit is intended nor shall anything in this Permit be construed to transfer to DISTRICT or its successors or assigns, or to relieve GRANTOR or its successors or assigns or predecessors in title, of any responsibility or liability GRANTOR, or its successors or assigns or predecessors in title, now has, has had, or comes to have with respect to human health or the environment, including,but not limited to, responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those used in this sentence are defined by statute, ordinance, case law, governmental regulation or other provision of the law (together, the "Hazardous Materials")). Liability for the existence of hazardous materials on the Permit Area shall be governed by applicable law and each Party shall retain their rights under law to recover cleanup costs and penalties paid, if any, from any person or entity who is ultimately determined by a court of competent jurisdiction and/or a Federal, state or local regulatory or administrative governmental agency or body having jurisdiction. Notwithstanding the foregoing, each Party shall be and remain liable for any hazardous or toxic substances or materials which become located,because of that Party's operations upon, within, or under the Permit Area, The DISTRICT warrants to perform all work under this permit in full compliance with all applicable laws, whether federal, state or local. 4. Each Party represents and warrants that each officer or representative of the Parties affixing his or her signature below has the full legal authority to bind his or her respective Party to all of the terms and conditions of this Permit; that his or her respective Party has the full legal right, power, capacity and authority to enter into this Permit and perform all of the obligations herein; and that no other approvals or consents are necessary in connection therewith. July 13,2016 2 GRANTOR CITY OF SANTA ANA t ill 2 5 2016 C,, Dated: By: David Cavazos City Manager Approved as to Form Attest Sonia Carvalho, City Attorney B h °�. af By: L-7214/1--4:- %- j71 "re--2 Jo Funk Maria D. Huizar �✓ Assistant City Attorney Clerk of the Council DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT Dated: °7�27o2o!!p By: .- i a S Sha Director, OC Public Wor s Per Resolution No. 08-151 Approved as to Form Office of the County Counsel RECOMMENDED FOR APPR•VAL: Orange unty, Califo u a,., -q. i By: GERARDO MOOET Executive Director of Parks, D"puty Recreation and Community Services Agency Dated: '2S I July 13,2016 3 +•+* e r p 0 +1 i�� to ? th5#F,#4' ' .rtr � x� '� � '+ S a,'":1-4_,-,::-,,, - u � ,a`�'s yx APlTi I090-R � � i .� ;It YJ I • ` .� 5 '- i -'' z ` 141 Data „ ' ... .�.1 ', P i ,� 3• x �-a . 9 c' dRfent9ry Scho. :111":411:"..444,4t:,,l', '," -::- 01-1 .11 ��*' - , � ;.Y ey{. L,,�C s�'ei,o tt• - rr " ?"1 S ve Sang G 170 ."1s " js �e c ,_ la f`% )t' i Y 'fe; +4. s ' � ' z �v2 - .� - ,,-,-:fCI -:3s� x. e M;v = 4y,td ' anal= ' . `0.CF C.0 PARCEL'6064` �' x:,, 4-7-Jai a zY""-!'� A A /iGAAflUEN4L ff02I .. . -- u'Ti! °a zt uu n s O S �. r�E nod s4 �€rA&1T rrY rz .,. +�Kr #iiii; �rmd ; r@34 $ � <� :,ii, ¢��'igi 5� Y '` IaE �f� ` �? { {`i,"e'4r'i y. t� �kma we*�„ Bg' f . s' ' (. ,x till j4f':fss.t—ts s' y v +�It q tY1 1`?-#eJ�{` t ._ 1yYtt, y 'aLttJ .'" n'Y ®.M,�:.b ® 4:41 I 41 t is , 1 +- ""O, OC PUBLIC WORKS RowID#2016-032 "A"n it � � o ' oc suRveY EXHIBIT A SCALE:1"=150' �J RIGHT-UP-WAY TEMPORARY RIGHT OF ENTRY U t+A """° 1 "*�� t : (77117-,;\‘'''F / PROJECT: SANTA ANA GARDENS CHANNEL(F02) BIKE PATH