CONTRACT 6790 OtherAgreement No. 6790
RIGHT OF ENTRY AGREEMENT
516 E. Walnut Avenue
This Agreement is made and executed this 8th day of June, 2020, between the City of El
Segundo, a municipal corporation ("City"), and Heather and Ethan Wright ("Owner").
1. Owner licenses City and its contractor, Palp, Inc. dba Excel Paving Company, to use, on the
terms and conditions in this Agreement, a portion of the real property located at 516 E. Walnut
Avenue (AIN: 4133-012-013) in El Segundo ("Property"). Owner's action is not, and should not
be construed to be, a conveyance of a property interest or a lease; it is an Agreement to use
property only.
2. City, and its contractor, may temporarily use the Property for the purpose of removing and
replacing concrete, brick or other material location on the Property (collectively,
"Improvements") that lead to the City's right-of-way and for and for uses associated with such
work, as identified in Exhibit "A," Construction Drawings. Owner understands and
acknowledges that the Improvements involve removal and replacement of a portion of the
Property's existing driveway on E. Walnut Avenue.
3. Owner agrees that Owner will not have any direct control over the design or construction of the
Improvements. However, City agrees that the design for the Improvements adjacent to the sidewalk
will meet or exceed industry standards for driveway and sidewalk construction.
4. Except for Owner's responsibility described in Section 7, this Agreement will commence on
the date of this Agreement and will automatically terminate upon the complete installation of the
Improvements. Work may proceed at any time during the Agreement period. City will provide
Owner 48 hours' advance notice before commencement of the work.
5. Other than the alterations contemplated by the Improvements as described herein, City will
not make, or cause to be made, any alterations to the Property, or any part thereof, without
Owner's prior written consent.
6. Although City will design and construct the Improvements, title to the Improvements will vest
with Owner after the Improvements are completed without additional action by City or Owner.
7. Owner agrees to maintain the Improvements on the Property in a reasonable manner after
construction is complete. City specifically disavows any responsibility for repair, maintenance
or replacement of the Improvements after they are completed and Owner agrees not to make any
claim to the contrary.
8. Indemnification.
A. City agrees to indemnify and hold Owner harmless from and against any and all
claims, demands, actions, damages, expenses, suits, accidents, injuries, liability,
or proceedings of any character whatsoever, brought for or on account of, or
resulting from or arising out of or in connection with, any willful misconduct or
Page 1 of 2
Agreement No. 6790
active negligence arising solely from City's, or its agents', actions or inaction
while constructing the Improvements.
B. Except as provided in Section 8(A), Owner indemnifies and holds City harmless
from and against any claim, action, damages, costs (including, without limitation,
attorney's fees), injuries, or liability, arising out of this Agreement. Should City
be named in any suit, or should any claim be brought against it by suit or
otherwise, whether the same be groundless or not, arising out of this Agreement,
or its performance, Owner will defend City (at City's request and with counsel
satisfactory to City) and will indemnify City for any judgment rendered against it
or any sums paid out in settlement or otherwise.
C. For purposes of this section "City" includes City's appointed and elected officials;
officers; and employees.
9. This Agreement was made in and will be construed in accordance with the laws of the State
of California and exclusive venue for any action involving this Agreement will be in Los
Angeles County.
10. This instrument constitutes the sole agreement between City and Owner respecting the
Property, the use of the Property by City, and the specified Agreement term, and correctly sets
forth the obligations of City and Owner. Any agreement or representations respecting the
Property or its licensing by City to Owner not expressly set forth in this instrument are void.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
City of El Segundo
a general law City and municipal corporation.
City `4a ager
l
Hekier Wright,.
fZ� A 14--
Ethan Wright, P perty Owner
Page 2 of 2
Agreement No. 6790
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