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HomeMy WebLinkAboutBratty, Drusilla E. Trustee of the Bypass Trust Agreement For A Temporary Construction Easement 1-13-23 DocuSign Envelope ID:491311 EE4-E719-4FD5-820B-32899DF089E5 AGREEMENT FOR A TEMPORARY CONSTRUCTION EASEMENT APN 425-041-45 SHAW-CEDAR BUS STOP UPGRADES PROJECT City Project No.: FC00019 Federal Project No.: N/A This Agreement for a Temporary Construction Easement (Agreement) is entered into by and between DRUSILLA E. BRATTY, TRUSTEE OF THE BYPASS TRUST CREATED UNDER THE ROBERT T. BRATTY AND DRUSILLA E. BRATTY TRUST DATED DECEMBER 29, 2010 (Owner), without regard to number or gender, and the CITY OF FRESNO, a municipal corporation (City) for the use of real property on the following terms and conditions. 1. The real property which is the subject of this Agreement, hereinafter "Subject Property", is a Temporary Construction Easement to facilitate the Shaw-Cedar Bus Stop Upgrades Project (Project), situated in the City of Fresno, County of Fresno, State of California, being approximately 250 square feet in size, within Assessor's Parcel Number 425-041-45 as depicted on Exhibit "A", attached hereto and incorporated herein by reference. 2. Owner hereby grants the City a Temporary Construction Easement, (Easement) on over and through the Subject Property, including the right for the City, its agents, employees, authorized contractors and subcontractors and their employees to enter upon and pass and repass over and along the Subject Property, and to deposit, store and use tools, implements and materials thereon whenever and wherever necessary for the purpose of performing construction on the Project. Said easement imposes an obligation upon the City to leave owner's property in like condition as found, or better. 3. City shall pay just compensation of THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) for the Easement on, over and through the Subject Property. 4. The Term of this Agreement shall be one year from the Effective date (defined below) of this Agreement, or upon completion of construction, whichever occurs first. 5. The Effective date of this Agreement shall be upon its duly authorized execution by the City and the payment of THREE THOUSAND AND NO/100 DOLLARS ($3,000.00)just compensation to the Owner. 6. Owner represents and warrants that it holds fee title to the Subject Property, and has the authority to enter into the Agreement herein made. 7. Owner agrees to hold the City harmless and reimburse the City for any and all losses and expenses as to the Subject Property by reason of any change in ownership or Lease of said Subject Property held by any tenant of the Owner. 8. City agrees not to unreasonably restrict property owner's personal or business use of the Subject Property, including ingress or egress to the Subject Property when performing construction on the Project within said Easement. City further agrees to assume responsibility for any loss of or damage to any property or 1 of 4 DocuSign Envelope ID:49B11EE4-E719-4FD5-820B-32899DF089E5 injury to or death of any person whomsoever, if proximately caused by the performance of any work authorized under this Agreement. 9. Miscellaneous Provisions: a. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provision of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. b. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement any rights and duties hereunder shall be Fresno, California. C. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. d. Severabilit . The provisions of this Agreement are severable. The invalidity, or unenforceability or any one provision in this Agreement shall not affect the other provisions. e. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against any party, but rather by construing the terms in accordance with their generally accepted meaning. f. Attorne 's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. g. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. h. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. i. Exhibits and Attachments. Each Exhibit and Attachment referenced herein is by such reference incorporated into and made a part of this Agreement for all purposes. 2 of 4 DocuSign Envelope ID:491311 EE4-E719-4FD5-820B-32899DF089E5 j. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Owner. [SIGNATURE PAGE TO FOLLOW] 3 of 4 DocuSign Envelope ID:491311EE4-E719-4FD5-820l3-32899DF089E5 IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the Effective date of this Agreement as defined above. CITY OF FRESNO, Drusilla E. Bratty, Trustee of the Bypass A C�Iffqfja4MVnicipal corporation Trust created under the Robert T. Bratty 1/13/2023 and Drusilla E. Bratty Trust dated By: w w Q b- December 29, 2010. Scott L. Mozier, PE, Date 7 01-13-2023 Public Works Director Drusilla E. Bratty Date City of Fresno Public Works Department Attention: Real Estate Supervising Real Estate Agent 2600 Fresno Street, Room 4065 Fresno, CA 93721 RECOMMENDED FOR APPROVAL: Do r.uSrgned by: By: C-A&V, 1/13/2023 ATTEST: Colleen Karby Date Todd Stermer, CMC &,[3g;al Estate Agent City Clerk By. 1/13/2023 By. Nancy Bruno Date Deputy Date Supervising Real Estate Agent APPROVED AS TO FORM: ANDREW JANZ city and by: pa4tkL 15k&" 1/13/2023 By. Deputy Date Attachments. 1. Exhibit A 4 of 4 DocuSign Envelope ID:491311 EE4-E719-4FD5-820B-32899DF089E5 EXHIBIT "A " i I EAST SHAW AVENUE SECTION LINE S 8905646"E The North a Corner of Section 17, T13S, R20E, M.D.B.&M. 60.00' N W U10.00'F++++++++ N + 1"=30' + + + + V. f � o 25.00' 0 w 42.00' � z LL J o CAN 425-041-45 U DRUSILLA E. BRATTY, TRUSTEE OF l v� THE BYPASS TRUST CREATED O UNDER THE ROBERT T. BRATTY AND DRUSILLA E. BRATTY TRUST DATED DECEMBER 29, 2010 o 010®0D ofi'020000 A olq'?A0991Z NA MD. fl�449 ��o fI09 poGVlo� Lie g o + + INDICATES TEMPORARY CONSTRUCTION EASEMENT FOR PUBLIC ++++ STREET RIGHT OF WAY, CONTAINING AN AREA OF 250.00 S.F.±. NOTE: Opc,�� DATA BASED ON PARCEL MAP No. 1844,IN BOOK 10 OF PARCEL MAPS,AT PAGE 35, FRESNO COUNTY RECORDS. i REF.&REV. CITY O F F R E S N O PROD.ID, FC00019 RES TYPE FUND NO 43587 2023-001 DEPARTMENT OF PUBLIC WORKS ORG.NO. 459901 DR.BY D-E.H. SHEET NO. 1 15-A-10234 AREA TO BE DEDICATED FOR A TEMPORARY CH.9Y D•A OF 1 SHEETS PLAT 1753 CONSTRUCTION EASEMENT DATE DAN.10,2022 SCALE 1'=30'