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HomeMy WebLinkAboutFancher Creek Properties LLC, License and Right of Entry Agreement, 08.18.2022LICENSE AND RIGHT OF ENTRY AGREEMENT This L'cense and Right of Entry Agreement (Right of Entry) is entered into this _LT day , 2022 by and between the City of Fresno, a California municipal corporation (Cit or Licensee) and Fancher Creek Properties LLC (Licensor). RECITALS A. WHEREAS, the Licensor is the owner in fee of that certain real property commonly referred to as 845 N Laverne Avenue and more particularly described as Assessor Parcel Number 313-890-0.6S as shown in Exhibit A attached hereto and incorporated herein by reference (Property). B. WHEREAS, City desires to obtain the Licensor's permission to enter onto the Property, on temporary basis, to complete a topographic survey and geotechnical investigation. C. WHEREAS, the City and Licensor wish to enter into this Right of Entry whereby the Licensor will allow the City to enter the Property on a temporary basis, for the purpose of completing a topographic survey and geotechnical investigation, more particularly described in Exhibit B attached hereto and incorporated herein by reference. NOW, THEREFORE, the City and Licensor do hereby agree as follows: AGREEMENT 1. Right of Entry. The Licensor hereby grants to City and its agents, employees, and contractors the temporary right to enter onto the Property for the purpose of completing a topographic survey and geotechnical investigation upon reasonable notice to Licensor. 2. Term. The term of this Right of Entry shall automatically terminate forty-five (45) days from the Effective Date unless earlier terminated as provided herein. The term may be extended upon mutual written consent of both parties. Licensor shall grant no rights inconsistent with the reasonable exercise by the City of its rights under this Right of Entry. 3. The "Effective Date" of this Right of Entry shall be upon its duly authorized execution by the Licensor and City. 4. Licensor represents and warrants that it holds fee title to the Property, and that the Right of Entry is not subject to any leases, liens, or encumbrances that limit Licensor's authority to enter into this Right of Entry. Licensor agrees to hold the City harmless and reimburse the City for all losses and expenses as to the Property by reason of any change in ownership or lease of the Property held by any tenant of the Licensor. 5. Not a Real Property Interest. It is expressly understood that this Right of Entry does not in any way whatsoever grant or convey any permanent easement, lease, fee, or other interest in the Property to the City. 6. Termination. This Right of Entry may be terminated at any time by either party upon one business day's prior notice in writing to be served upon the other party. 7. No Assignment. ment. This Right of Entry is personal to the City and shall not be assigned. No legal title or leasehold interest in the Property is created or vested in the City by the grant of this Right of Entry. 8. Service of Notice. Except as otherwise provided in this Right of Entry, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified or registered mail, and shall be deemed sufficiently given if delivered or addressed to the Licensor at the address listed below the Licensor's signature, or to the City at 1626 E Street, Fresno, CA 93706, Attention: Anita Luera. Mailed notices shall be deemed given upon actual receipt at the address required, or forty-eight hours following deposit in the mail, postage prepaid, whichever first occurs. Either party may by notice to the other specify a different address for notice purposes. 9. Laws, Venues, and Attorneys' Fees. This Right of Entry shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Right of Entry, the action shall be brought in a state or federal court situated in the County of Fresno, State of California. In the event of any claim, legal action or proceeding between the parties arising under or concerning this Right of Entry, or any of the rights and obligations described herein, the prevailing party shall be entitled to reasonable attorneys' fees and expenses. All such fees shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not such action is prosecuted to judgment. 10. Entire Agreement. Each of the Exhibits referred to in this Right of Entry is incorporated into and made a part of this Right of Entry. This Right of Entry constitutes the entire agreement between the City and Licensor relating to the Right of Entry. Any prior agreements, promises, negotiations, or representations not expressly set forth herein are of no force and effect. Any amendment shall be of no force and effect unless it is in writing and signed by the City and Licensor. 11. Severability. The provisions of this Right of Entry are severable. The invalidity, or unenforceability, of any provision in this Right of Entry will not affect the other provisions. 12. Counterparts. This Right of Entry may be executed in counterparts, each of which shall be deemed an original. [SIGNATURES FOLLOW ON THE NEXT PAGE] 2 IN WITNESS WHEREOF, the parties have executed this Right of Entry to be effective as of the date first above written. City of Fresno, a California municipal corporation By: rem% Brock D. Buche, PE, PLS Director of Public Utilities APPROVED AS TO FORM: Rina M. Gonzales Interim City Attorney Licensor 9/8/22 Date Fancher Creek Properties, LLC By: Kashian Enterprises, LP Its: Member By: Lance Kashian & Company, LLC, a California Corporation By: 9/8/22 Pauline Brickey Date Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk By: SJ�.eiV, mate Addresses: CITY: City of Fresno Attention: Anita Luera Supervising Engineering Technician 1626 E Street Fresno, CA 93706 Phone: (559) 621-1625 FAX: (559) 498-4126 Attachments: Exhibit A: Property Description Exhibit B: Scope of Work 3 LICENSOR: Fancher Creek Properties, LLC P O BOX 7967 Fresno, California 93747 Phone: (559) 437-4830 FAX: (559) 437-438-4802