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Home My WebLink AboutState of California High Speed Rail Authority - Exclusive Right of Entry Agreement - 9-12-2022 Parcel 0215-002(4 CALIFORNIA High -Speed Rail Authority FB 10 PROJECT SECTION COUNTY CODE 0215-002 PARCEL # EXCLUSIVE RIGHT OF ENTRY AGREEMENT 479-110-25T APN This EXCLUSIVE RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into this day of 5q f- _, 20W. (the "Effective Date"), by and between the CALIFORNIA HIGH-SPEED RAIL AUTHORITY, acting by and through its Director of Real Property (the "AUTHORITY"), and the CITY OF FRESNO, a California municipal corporation ( "CITY"). The AUTHORITY and CITY shall be referred to individually herein as "PARTY" and jointly as "PARTIES". RECITALS A. AUTHORITY and CITY are parties to that certain City of Fresno Right of Way Agreement, dated September 1, 2015 (the "Right of Way Agreement") whereby, along with the Facility Relocation Cooperative Agreement and the Utility Relocation Cooperative Agreement (the "Cooperative Agreements"), AUTHORITY is responsible for relocating and/or protecting in place CITY's real property rights, along with any CITY facilities and utilities therein (collectively referred to herein as "Facilities"), where such rights conflict with AUTHORITY's planned Project as set forth therein. B. AUTHORITY is now in possession (pursuant to an Agreement of Possession and Use), of that certain real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Right of Entry Property"), which shall be used as replacement right of way for relocating CITY's Facilities. C. In accordance with the foregoing, AUTHORITY's interest in the Right of Entry Property is subject to CITY's preexisting or relocated perpetuated property rights ("Perpetual Rights"), which shall in all cases, remain superior to AUTHORITY's interest in the Right of Entry Property. D. By this Agreement, the PARTIES desire to set forth the terms related to their respective obligations and responsibilities relating to the Right of Entry Property and provide the right to CITY to access its Facilities within the Right of Entry Property. E. CITY has agreed to enter into this Agreement at the request of the AUTHORTY as AUTHORITY has represented that it needs additional time to finalize a document which confers upon CITY permanent replacement property rights as is required by the Cooperative Agreements. AGREEMENT NOW, THEREFORE, AUTHORITY and CITY hereby agree as follows: Recitals. Each and all of the foregoing recitals of background facts are incorporated herein by this reference as though set forth herein verbatim. 2. Right of Entry. Consistent with its Perpetual Rights CITY and its agents, employees, and contractors shall have the right to enter upon the Right of Entry Property as described in the attached Exhibit "A" for the purpose of operating and maintaining CITY'S Facilities located thereon as those Facilities are more specifically described in Exhibit "B" hereto. PROJECT SECTION 10 COUNTY CODE 0215-002 PARCEL # RIGHT -OF -ENTRY AGREEMENT 479-110-25T APN 3. Term. The term of this AGREEMENT shall commence on the Effective Date and end automatically upon the transfer by AUTHORITY to CITY of permanent real property rights over said Right of Entry Property. The PARTIES agree that the Right of Entry Property represents the area to be conveyed by AUTHORITY to CITY in any document subsequently conveying permanent property rights to CITY. 4. Conditions and Obligations. The PARTIES' use of the Right of Entry Property shall be subject to the following terms: a. Exclusivity. AUTHORITY acknowledges that the Right of Entry Property is intended to house relocated CITY Facilities and CITY will ultimately be granted permanent rights in that location via a subsequent permanent property rights document. To the extent CITY will receive a fee interest or exclusive easement from the AUTHORITY in the Right of Entry Property as CITY's Perpetual Rights in that location, AUTHORITY shall not grant or permit any other party to locate or be relocated within the Right of Entry Property without first obtaining express written consent from CITY, which consent shall be granted within the sole and absolute discretion of CITY. b. Costs. With regard to the use of the Right of Way Property and the Facilities, AUTHORITY shall be responsible to pay all expenses as set forth in Section 4.1 of the Utility Relocation Cooperative Agreement as well as those set forth in Section 4.1 of the Facility Relocation Cooperative Agreement. As between the PARTIES and unless otherwise agreed upon in writing to the contrary, the AUTHORITY shall be responsible for any maintenance, repair, alteration, or relocation of any third -party facilities to be placed in the Right of Entry Property by AUTHORITY until such time as AUTHORITY transfers ownership of such third -party facilities to the applicable third -party owner of such facilities. 5. Indemnification. Each PARTY shall hold harmless, and indemnify the other PARTY and its respective governing Boards, officers, directors, employees, authorized agents, engineers, contractors or subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' and expert witness fees and costs) that arise out of or as a result of any negligent act or omission of its officers, agents, employees, engineers, contractors or subcontractors in carrying out obligations under this Agreement executed pursuant hereto, except to the extent that such expense, liability or claim is proximately caused by the negligence or willful misconduct of the PARTIES indemnified or their respective agents, servants, or independent contractors who are directly responsible to such indemnified PARTY. 6. Termination. This AGREEMENT will continue in full force and effect for the Term set forth in Section 2 hereof unless otherwise terminated by mutual agreement by the PARTIES. 7. No Assignment. This AGREEMENT is personal to CITY and shall not be assigned. 8. Counterparts. This AGREEMENT may be executed in one or more counterparts, any one or all of which shall constitute but one agreement. Facsimile signatures shall be considered and treated as original signatures. PAGE 2 OF 5 FB PROJECT SECTION 10 COUNTY CODE 0215-002 PARCEL # RIGHT -OF -ENTRY AGREEMENT 479-110-25T APN 9. Binding Effect. This AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both PARTIES. 10. Compliance with Law. CITY and AUTHORITY shall comply with all California laws and regulations while exercising its rights found herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective officials thereunto duly authorized. City of Fresno, a California municipal corporation By: Z Print Name: L/ Title: APPROVED AS TO FORM CI A EY' O FFI E BY: DEPUTY CITY ATT EY 'PaL'� Z V'Z P3r;ucel California High -Speed Rail Authority, an agency of the State of California .4 By:'X Mark E. Rowan Deputy Director of Real Property ATTEST: V OD STERMER, CMC CITY CLERK PAGE 3 OF 5 FB 10 PROJECT SECTION COUNTY CODE 0215-002 PARCEL # RIGHT -OF -ENTRY AGREEMENT EXHIBIT "A" MAP OF RIGHT OF ENTRY PROPERTY 479-110-25T APN PAGE 4 OF 5 FB 10 PROJECT SECTION COUNTY CODE 0215-002 479-110-25T PARCEL# APN RIGHT -OF -ENTRY AGREEMENT EXHIBIT "B" DESCRIPTION OF CITY FACILITIES PAGE 5 OF 5 EXHIBIT "A" APN 479-110-25T Sanitary Sewer Easement (SS1-084) In the City of Fresno, County of Fresno, State of California, lying within those portions of TRACT 2 and TRACT 3 as described in the Final Order of Condemnation to the State of California recorded September 7, 2017 as Document No. 2017-0113163, Official Records of said County, situated in the Southeast Quarter (SE 1/4) of Section 15, Township 14 South, Range 20 East, Mount Diablo Base and Meridian, described as follows: COMMENCING at the found Fresno County Brass Cap monument, shown as a 3 1/2" Fresno County Brass Cap monument in hand hole per the Corner Record dated August 24, 1978 on file as Document No. 1587 at the Fresno County Surveyor's Office, marking the East Quarter Corner of said Section 15; thence along the easterly line of said Southeast Quarter South 00°27'46" West 593.34 feet to the southwesterly line of the California High Speed Rail Right of Way; thence along said southwesterly line North 41 °09'29" West 347.49 feet to the southeasterly line of said TRACT 3 and the POINT OF BEGINNING; thence continuing along said southwesterly line North 41°09'29" West 114.81 feet; thence leaving said southwesterly line South 48°58'20" West 309.89 feet to the southwesterly line of said TRACT 2; thence along said southwesterly line South 38°57'03" East 20.01 feet; thence leaving said southwesterly line North 48°58'20" East 290.66 feet; thence South 41 °09'29" East 94.81 feet to said southeasterly line; thence along said southeasterly line North 48°58'20" East 20.00 feet to the POINT OF BEGINNING. Containing 8102 square feet, more or less. The bearings and distances are based on the California Coordinate System 1983, Zone 4, Epoch 2007.00, as shown on the Record of Survey filed in Book 58 of Record of Surveys, Pages 71 to 72, Fresno County Records. Divide distances shown by 0.99993349 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act (Bus. & Prof. Code §8700). Signature: Teri Kahlen, PLS Date: Page 1 of 1 �p,L LAIyD Q TER! 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