Project 135 - Contract - Agriculture Assoc. - 1994-12-22 )3S
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ENTRY PERMIT AGREEMENT
THIS ENTRY PERMIT AGREEMENT is made and entered into this `-c- 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 right 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 maxe 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 (5) 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 isubstantially 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 %S,eG,.n. ......tJ /6V /994 COSTA MESA SANITARY DISTRICT
BY '/�//yJ�J G �"
P sident of the Board
ATTEST
- „4110-.o_
Secreta y
Dated 32ND DISTRICT AGRICULTURAL
ASSOCIATION, STATE OF CALIFORNIA
a political subdivision of the
State of California
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By
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ATTEST
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AGREEMENT BETWEEN
COUNTY SANITATION DISTRICT NO 6 OF IRANI E COUNTY
COSTA MESA SANITAR\ DISTRICT AND STATE •F CALIFORNIA
ACTING BY AND THROUGH ITS 32ND AGRIC I L DURAL ASSOCIATION
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•m• n :EWERS EASEMENTS TO tE - ewer lines to be cleaned by Costa
TRANSFERRED -0 COSTA MECA
SANITARY DISTRICT Mesa Sanitary District for a period
,.EWER. CEMENTS -0 REMAIN of five (5) years
UNDER _ANITA-10N DIST OG9JEPSHIP
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RECORD OF _UR EY BOOK ‘9 ..6E 66-01-92