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HomeMy WebLinkAboutSOUTHERN CALIFORNIA GAS COMPANY (2) - 2014N- 2014 -099 JUL. 3 1 2014 TEMPORARY RIGHT OF ENTRY AGREEMENT C' F AW No Easement on Property FOR SOUTHERN CALIFORNIA GAS COMPANY 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 -06 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 12,685 square feet as shown on the attached map. This area is referred to hereafter (individually and collectively) as "Temporary Workspace ". See the plat map attached hereto and incorporated by reference. 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 $2,000 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 $2,000 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 12/3112009 -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 City of Santa An Signature ATTEST. MARIA D. HUIZAR CLERK OF THE COUNCIL APP A O FORM Jose San _ e ator Asai<stant City :Attorney THE —No Easement on Property Reviewed by Legal Dept. Andrew Cheung 12/31/2009 -2- 20' 0. 2V ao P' =20' PLAT MAP CITY OF SANTA ANA Southern California Gas Company D A Sempra Energy Utility 8/12/22014 City of Santa Ana 20 Civic Center Plaza, M36 Santa Ana, CA 92702 Dear Ms. Booth: Please find attached the signed Temporary Right of Entry Agreement between Southern California Gas Company (The Gas Company) and the City of Santa Ana. The Real property is located in the City of Santa Ana, County of Orange. Assessor's parcel numbers are 398 - 453 -06 and 398 - 453 -05. Sincerely, p.p. Patricia Martinez Andrew Martinez Land Services Manager 555 W. 5`h St., GT221A Los Angeles, CA 90013 -1013