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Contract - Costa Mesa, City of - 1994-12-22 ©rug = hA Ra3 tlaiett tor-415 @enY V*sque& ENTRY PERMIT AGREEMENT THIS ENTRY PERMIT AGREEMENT is made and entered into this -2- day of December, 1994 by and between the 32ND DISTRICT AGRICULTURAL ASSOCIATION, STATE OF CALIFORNIA, a political subdivision of the State of California (hereinafter the "ASSOCIATION" ) ; and the COSTA MESA SANITARY DISTRICT, a district formed and existing under and by virtue of the Sanitary District Act of 1923 (hereinafter the "DISTRICT" ) . RECITALS 1. DISTRICT proposes to construct underground sewer lines and appurtenances and a bicycle trail over and upon the real property of ASSOCIATION at its facilities within the geographical limit of the DISTRICT. 2 . The final legal description of a right-of-way will not be completed until construction of the sewer line and bicycle trail have been completed. 3. ASSOCIATION will grant an entry permit allowing DISTRICT to enter in and upon ASSOCIATION' S real property prior to granting right-of-way for the, purpose of construction of a sewer line and bicycle trail. 4 . THIS AGREEMENT is to set forth the terms and conditions under which ASSOCIATION will grant tight of entry to DISTRICT. I ASSOCIATION grants to DISTRICT the right of entry in and upon the real property of ASSOCIATION for the purpose of constructing an underground sewer line with appurtenances and a bicycle trail as DISTRICT Project 1112100-135 under the following terms and conditions . II DISTRICT shall stay within a pre-arranged corridor for its construction as provided for herein. It is intended that any final right-of-way grant by ASSOCIATION will be within said corridor. III DISTRICT agrees that it will restore or replace any fences, paving, walks , landscape, water lines or other improvement it may damage or destroy during construction. of the improvements provided for herein. IV DISTRICT will provide ASSOCIATION with proof of insurance and a certificate of insurance adding ASSOCIATION as an additional insured on DISTRICT' S policy, protecting ASSOCIATION from claims of third parties for personal injury ( including death) or property damage in connection with the construction and operation provided for herein. 1 V DISTRICT hereby agrees to protect, defend, indemnify and hold the ASSOCIATION, its elective board, officers, agents , and employees harmless from and against any and all attorneys' fees , costs , expenses or damages of any nature , by reason of injury sustained by any person, ( including death) at any time resulting therefrom, or by reason of loss of, loss of use of , injury to or destruction of property including consequential damages of any nature resulting therefrom, arising out of performance of THIS AGREEMENT by or on behalf of the DISTRICT, including damages occasioned by or allegedly occasioned by joint or contributory neglience or omission or affirmative acts in connection with supervision or direction of the work by the other, its elective or appointed boards , officers , agents or employees . The provisions of the foregoing paragraph shall in no event apply to damages occasioned by the sole negligence of either party, its elective boards , officers , agents or employees . VI DISTRICT and its contractors or subcontractors , if any, shall perform the construction herein contemplated in compliance with the Federal and California laws concerning minimum hours and wages (Davis-Bacon Act, 40 U. S . C. 276a, et. seq, and California Labor Code , Sections 1171 , et seq. ) , Occupational Health and Safety ( 29 U. S . C. 651, et. seq. , and California Labor Code , Sections 6300, et. seq. ) , Fair Employment Practices ( 29 U. S. C. 201 , et. seq. , and California Government Code , Sections 12900 , et. seq. ) , Workers ' Compensation Insurance and Safety in Employment (Divisions 4 and 5 of the California Labor Code ) and all amendments thereto , and all similar State or Federal laws to the extent that they are applicable . VII Each of the parties hereto will make a reasonable effort not to interfere with the normal business or construction activities of the other and each will consult with the other as necessary concerning daily schedules and activities so that the normal course of activity of each will not be disrupted or otherwise unreasonably adversely affected. "DISTRICT agrees to maintain open all lanes of traffic each weekend ( from 4 : 00 pm Friday to 6 : 00 am Monday) so as to not interfere or detract from the operations of the ASSOCIATION. " VIII "DISTRICT agrees to reconstruct bicycle trail in accordance with current State standards and will seek funding assistance from the City of Costa Mesa to replace said bicycle -trail in concrete . " IX . _ "DISTRICT agrees to clean the two existing sewer lines running in a due south- north direction on Association property once a year for a period of five t5) years from the date of this agreement. Said sewer lines are shown on the attached EXHIBIT "A"." 2 • X At the completion of the construction as provided for herein, DISTRICT shall leave the site in a clean and substantially restored condition free of excess soil, construction materials and other debris . XI The term of THIS AGREEMENT shall be for a period of the construction provided for herein plus any additional term necessary for the preparation and execution of right-of-way documents , subject to any claims filed by third parties , in which event the term hereof shall be extended until settlement of said claims has been concluded. XII . Time is of the essence in THIS. AGREEMENT and it shall be binding upon the successors in interest of any of the parties hereto . DATED for performance on the day and year heretofore set forth though approvals by ASSOCIATION and DISTRICT may be at another date . Dated: �j,« ,z(�J /G,/ /794 COSTA MESA SANITARY DISTRICT BY. E, sident of the Board ATTEST: Secret • Dated: /71� 32ND DISTRICT AGRICULTURAL ASSOCIATION, STATE OF CALIFORNIA, a political subdivision of the State of California Byf`% Gen ra1_Manr ATTEST: -- - - 4Set retary 3 • I/I /• BAKER STREET STATION • I362.5" FUTURE E ♦ r'-1` PARCEL NO. 9 CONTRACT I I \ �\ Na 6-12 I I- "\ to ..., a UllatiMinliniiiiiiiiiiiir,. z Z J C s 3 L z ci i W I C ORANGE > I ( I \e 1 • C • 334: COAST 1 c` i•s••••��•-• N DR.) PARCEL NO. 8 I STATION G _ COUNTY O • DETAIL C Z FAIRGROUND - Ed 1 ti < _ . 1 a I • I , •/' /c I / j� C.MSD CONNECTIONS "` TO EXISTING CMSD LINE /T NO SCALE AGREEMENT BETWEEN COUNTY SANITATION DISTRICT NO. 6 OF (RAN, E COUNTY COSTA MESA SANITARY DISTRICT AND STATE •F CALIFORNIA, ACTING BY AND THROUGH ITS 32ND AGRICILIURAL ASSOCIATION ./,✓ •••- -•• SEVERS °. EASEMENTS TO ?E - ewer lines to be cleaned by Costa TRANSFERRED TO COSTA MESA SANITARY DISTRICT.- Mesa Sanitary District for a period ® SEVERS L EASEMENTS TO REMAIN _ of five (5! Years. __. - ._.._ _ UNDER SANITATION DIST. OVNERSHIP - - - - iwuunmmnuwnunm SEVER'. EASEMENTS S PROPERTY TO BE ABONDONED BY SANITATION D1ST. • M — SEVERS. EASEMENTS t PROPERTY TO BE TRANSFERRED TO 22nd AGRICULTURAL DISTRICT. NOTE: PARCELS. DETAIL. AND STATIONS REFERENCE RECORD OF SURVEY. BOOK 29, PAGE 5 06-01-92 •