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HomeMy WebLinkAboutC-21531.1r \ \7O -top Co2fS�, PERMIT TO ENTER This permit to enter Agreement ( "Agreement ") is made between .City of Arcadia (hereinafter the "Arcadia "), a public entity on the one hand, and William L. Martin III (hereinafter the "Owner "), on the other hand, and is subject to the following terms, conditions and restrictions: The City of Arcadia seeks to enter onto a portion (the "entry portion ") of real property, which is commonly referred to as assessor's parcel number 5765- 002 -012 generally in the City of Arcadia ( "Property "). The owner owns the property in fee and represents that the owner has the authority to grant the City permission to enter upon the Entry Portion. The City of Arcadia seeks and is hereby granted access to and entry onto the Entry Portion which is deemed to include that area within one hundred feet (100') of both sides of the center line of Santa Anita Canyon Road approximately 1.0 mile north of Arno Drive in the Chantry Flats area within the City of Arcadia boundaries for the purpose of emergency road repairs, improvements, removal of rocks, dirt and debris which obstructs the road and reconstruction of that portion of the road which was damaged (collectively "Repairs "). 2. The City of Arcadia is hereby permitted to enter upon the Entry Portion to conduct the repairs in the Chantry Flats area. Access to and entry upon the Entry Portion for purposes of conducting the Repairs is hereby granted and agreed upon by Owner and the City of Arcadia and/or its designated contractors for a period up to and including December 15, 2005. 3. In carrying on the above work, the City of Arcadia will disturb the natural terrain and any physical features of the Entry Portion as little as is reasonably possible. The City of Arcadia will return the Entry Portion and all physical features and structures on the Entry Portion as nearly as possible to its original condition, at the sole expense of the City of Arcadia or its contractor. 4. This Agreement shall commence as of the date signed by a representative of the Owner, and shall expire on December 15, 2005 or upon completion of the Repairs as reasonably 1 RVLIT\VFa \683506.1 determined by the City, which ever is earlier. In consideration of the Owner granting to the City this permit, the Repairs are expected to allow re- opening of Santa Anita Canyon Road in the Chantry Flats area, the only possible road access to the Property. This Agreement shall be non- revokeable. This Agreement can be renewed if necessary. 5. The City of Arcadia hereby agrees to indemnify, defend and hold the Owner harmless from and against any and all loss, claims, damage, liability and expenses of any kind or nature whatsoever arising out of any activity of the City of Arcadia and/or its employees, agents or contractors relating to the City's entry onto the entry Portion, including without limitation, any injury to persons caused by the City of Arcadia and/or its employees, agents or contactors. 6. This Agreement provides the City of Arcadia only with a Temporary Permit to enter the Entry Portion and does not create or transfer any interest in the Property to the City of Arcadia. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8 This Agreement is the entire agreement between the Owner and the City of Arcadia with respect to the permission granted herein and supersedes any and all prior agreements between the parties with respect to entry upon the Entry Portion. Any waiver of modification with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the parties to be bound thereby. DATED: kb 12005 BY: WILLIA 1 L. N ARTIN, III DATED: 2005 CITY OF ARCADIA APPROVED AS TO FORM: ' BY: �� tE 1 y M William Kelly Its: City Man y Mana er Stephen P. Deitsch City Attorney 2 RVLIT \VFB \683506.1