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Palos Verdes Shores Mobile Estates Ltd (Amendment No. 1) • * { 411 AMENDMENT NO. 1 RIGHT OF ACCESS AGREEMENT Between: City of Rancho Palos Verdes & Palos Verdes Shores Mobile Estates, Ltd. This Amendment No. 1 ("Amendment") to Right of Access Agreement is made and entered into as of October 1 , 2014, by and between the Palos Verdes Shores Mobile Estates, Ltd., a California limited partnership ("Grantor") and City of Rancho Palos Verdes, a California municipal corporation ("City"). RECITALS: A. City and Grantor entered into that certain Right of Access Agreement dated April 16, 2013 (the "Agreement"). All capitalized terms not otherwise defined in this Amendment shall have the meanings specified in the Agreement. B. The License Work has been completed. C. City and Grantor have inspected the Property and all drainage structures located within or immediately adjacent to the Property, and evaluated the extent of any damage caused by the City Parties in connection with the Agreement. D. City and Grantor desire to amend the Agreement regarding the obligation of City to repair and restore property damaged by the City Parties in connection with the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Grantor do hereby agree as follows: 1. The foregoing recitals are incorporated herein by this reference. 2. Settlement of City liability for Grantor's Property: The Parties agree that a lump sum payment to Grantor in the amount of $75,000 shall fully compensate Grantor for construction related damages, wear and tear, and all other claims arising from Section 1.4 of the Agreement, relating to damage to the Property and all drainage structures located within or immediately adjacent to the Property. Upon such payment City shall have no further obligation to repair and restore the Property, including but not limited to the asphalt surface and substructure of the private streets, landscaping, curbing, and any concrete drainage structures located within or immediately adjacent to the Property. 3. City Liability for Utilities: City hereby agrees to repair, or cause the repair, of 1 R6876-0001\1754086v2.doc Liv s' • 1111 • any damage to the utilities on or under the Property caused by the City Parties in the exercise of rights granted by the Agreement, for which a claim is delivered to City prior to September 15, 2015. Except as set forth in this paragraph 3, City shall have no further obligation to repair and restore the utilities on Grantor's property. 4. In the event of any conflict between the provisions of the Agreement (including but not limited to Section 1.4) and this Amendment, the provisions of this Amendment shall control. IN WITNESS WHEREOF, Grantor and the City have caused this Amendment to be executed as of the day and year first written above. GRANTOR: PALOS VERDES SHORES MOBILE HOME ESTATES, LTD., a California Limited Partnership By: Vedder Community Management LLC, its General Partner By: hillip J. Vedder Its Managing Member Address for notices: William C. Schweinfurth Director of Operations Vedder Community Management LLC 28632 Roadside Drive, Suite 220 Agoura Hills, CA 91301(818) 735-6200 (818) 735-6205 fax With a copy to: Community Manager Palos Verdes Shores Mobile Estates 2275 W. 25th Street San Pedro, California 90732 (310) 547-4403 (310) 547-4405 fax [Signatures Continue On The Next Page] 2 R6876-0001\1754086v2.doc •• [Signatures Continued From The Previous Page] CITY: CITY OF RANCHO PALOS VERDES By: _ Nam- Title: 0 . or Address for notices: 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 Attention: Ron Dragoo, Senior Engineer Telephone No.: (310) 544-5252 Facsimile No.: (310) 544-5292 [With a copy to:] Carol W. Lynch, Esq. Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071 Telephone No.: (213) 626-8484 Facsimile No.: (213) 626-0078 ATTEST: IN City Clerk 3 R6876-0001\1754086v2.doc