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]
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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
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LICENSOR:
Fancher Creek Properties, LLC
P O BOX 7967
Fresno, California 93747
Phone: (559) 437-4830
FAX: (559) 437-438-4802