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
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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]
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[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
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